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UNIVERSITY  OF  CALIFORNIA 
AT    LOS  ANGELES 


THE  GIFT  OF 

MAY  TREAT  MORRISON 

,       IN  MEMORY  OF 

ALEXANDER  F  MORRISON 


THE  INTERNATIONAL  SCIENTIFIC  SERIES 
VOLUME   LX 


TIIE 

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CO.  INTERNATIONAL  LAW,  with  Materials  for  a  Code  of  International  Law. 
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TUE  INTERNATIONAL  SCIENTIFIC  SERIES 


INTERNATIONAL    LAW 


WITH   MATERIALS  FOR  A  CODE   OF 
INTERNATIONAL  LAW 


BY 

LEONE  LEVI,   F.S.  A.,  F.  S.  S. 

OF    LINCOLN'S    INN,  BARRISTER-AT-LAW 

PROFESSOR   OF    COMMERCIAL    LAW    IN    KING'S    COLLEGE,  LONDON 

DOCTOR    OF    POLITICAL    ECONOMY  OF    THE    UNIVERSITY    OF    TUBINGEN,  ETC. 


NEW  YORK 
D.   APPLETON  AND  COMPANY 

1888 


,    -  • 

•  •  • 

•  •  • 


•  •  1      .    . 

I  ♦    •         *    •    • 

*  •        •  •  .  • 


•  •  ■* 

t 
•  * 


THIS   WOKE   IS,    Bl    GRACIOUS    PERMISSION, 
DEDICATED    TO 

HER   MAJESTY   THE   QUEEN 

OF  THE   UNITED   KINGDOM   OF   GREAT   BRITAIN 
AND   IRELAND, 

UNDER   WHOSE   ENLIGHTENED   REIGN 

INTERNATIONAL   RELATIONS   HAVE   BEEN   EXTENDED, 

INTERNATIONAL   ARBITRATION   HAS   RECEIVED 

A   POWERFUL   SANCTION, 

AND  THE   AUTHORITY   OP   INTERNATIONAL   LAW    HAS   BEEN 

MOHE  FULLY   RECOGNIZED. 


428041 


PREFACE. 


I  have  undertaken  this  work  under  the  conviction 
that  it  would  be  of  great  advantage  to  reduce  into 
the  form  of  a  Code  the  leading  principles  of  the  Law 
of  Nations ;  that  the  greater  diffusion  of  knowledge 
of  such  Law  would  often  prevent  disputes ;  and  that, 
on  the  occurrence  of  differences  between  States,  a 
collection  of  the  well-established  rules  of  the  same 
would  facilitate  a  resort  to  International  arbitration, 
as  the  best  method  lor  securing  just  and  equitable 
decisions  consistent  with  the  rights  and  dignity  of 
States.  The  codification  of  International  Law,  in  as 
far  as  it  is  in  the  power  of  a  private  writer  to  accom- 
plish, has  already  been  attempted  by  David  Dudley 
Field  and  Bluntschli,  but  their  works  did  not  include 
the  positive  portion  of  the  Law — that  resulting  from 
Treaties  and  Conventions.  Yet  these  cover  a  large 
and  ever-widening  field,  and  determine  the  rights  and 


Vlll  PREFACE. 

duties,  not  only  of  States,  but  of  subjects  or  citizens 
of  the  same,  on  many  important  civil  and  commercial 
relations,  in  time  of  peace  and  war.  Especially  useful, 
moreover,  will  be  found  the  copious  statements  of 
the  Treaties  concluded  between  different  States  on 
the  various  subjects  treated  in  the  work,  for  which 
I  am  indebted  to  Martens'  collection  of  Treaties. 
Though  the  need  of  keeping  within  certain  limits 
has  restrained  me  from  making  the  work  as  ex- 
haustive  as  I  would  have  desired,  and  hindered  my 
giving  frequent  and  copious  reference  to  the  leading 
authorities,  I  trust  that  the  materials  now  supplied 
for  a  Code  will  be  found  sufficiently  full,  lucid,  and 
sequent. 

LEONE   LEVI. 

5,  Cr.owN  Office  Bow,  Temple, 
September,  18S7. 


CONTENTS. 


INTEBNATIOXAL  LAW. 
CHAPTER  I. 


PAGE 


Nature  and  Authority  of  International  Law             ...  1 

CHAPTER  II. 

Progress  of  International  Relations              ...            ...  9 

1.  From  Ancient  Times  to  the  Peace  of  Westphalia,  1648  9 

2.  From  the  Peace  of  Westphalia  to  the  Treaty  of  Vienna. 

1815            ...             ...             ...             •••            •••  17 

3.  From  the  Congress  of  Vienna  to  the  Present  Time  ...  25 

CHAPTER   HI. 

The  Political  Condition  of  States  ...             ...             ...  38 


MATERIALS   FOE   A   CODE   OF 
]NTEEXATIONAL   LAW. 

CHAPTER   1. 
Constitution  and  Sovereignty  of  the  State  ...      79 

CHAPTER  II. 
Frontiers  of  the  State        ...  ...  •••  •■•       88 


CONTENTS. 
CHAPTER    III. 


The  State  and  its  Subjects 


PACK 

94 


CHAPTER   IV. 
Rights  and  Duties  of  the  State       ...  ...  ...     103 


...     Ill 


CHAPTER   V. 
Equality  of  States 

CHAPTER   VI. 
The  Sea  and  Suits  ...  •-•  •••  •••     H2 

CHAPTER   VII. 

International  Intercourse  ...            ...            ...  •••  17 

Section  I.  Ambassadors  and  Diplomatic  Agents  ...  117 

„     II.  Rights  of  Diplomatic  Agents          ...  •••  123 

„    III.  Consuls              ...              ...              ...  .-  125 

CHAPTER   VIII. 
Treaties    ...  ...  •••  •••  •*•  •••     128 

CHAPTER  IX. 
Treaty  Clauses  concerning  Peace  and  Friendship     ...     136 

CHAPTER  X. 

Treaty  Clauses  concerning  the  Appointment  and   Re- 
ception of  Diplomatic  Agents  and  Consuls  ...     149 

CHAPTER  XI. 
Treaty  Clauses  concerning  Commerce  and  Navigation     160 

CHAPTER   XII. 
Treaty  Clauses  concerning   Fisheries  ...  ...     173 

CHAPTER  XIII. 
The  Slave-Trade    ...  ...  ...  •••  •••     185 


CONTENTS.  xi 

CHAPTER  XIV. 


Postal  Communication 

Section  I.  Universal  Postal  Union  ... 

„      II.  Submarine  Telegraphs  and  Cables 

„    III.  International  Telegraphs 

„    IV.  Money  Orders  ... 

„      V.  Immunities  of  Mail  Packets 


PAGE 

192 
192 
195 
196 
199 
200 


CHAPTER  XV. 
Monetary  Union      ...  ...  ...  ...  ...     202 

CHAPTER  XVI. 

Industrial  Property  ...  ...  ...  ...     204 

Section  I.  Patent  Laws     ...  ...  ...  ...     204 

„     II.  Treaty  Clauses  concerning  Industrial  Property     207 

CHAPTER  XVn. 

V^OPxKlOIIT  •••  •••  •••  -   •••  •••  ••• 

Section  I.  Copyright  Laws  ...  ...  ...     218 

„     II.  Treaty  Clauses  concerning  Literature  and  Art     220 

CHAPTER  XVIII. 

Civil  and  Criminal  Procedure  ...  ...  ...     233 

Treaty  Clauses  as  regard  Joint-Stock  Companies  ...     234 

CHAPTER  XIX. 

Treaty  Clauses  concerning  the   Granting  of  Judicial 

Assistance  to  Aliens    ...  ...  ...  ...     237 

CHAPTER  XX. 

Treaty  Clauses  concerning  the  Reciprocal  Communi- 
cation of  Acts  of  the  Civil  Status  and  of  Penal 
Sentences  ...  ...  ...  ...  ..     239 

CHAPTER  XXI. 
Treaty  Clauses  concerning  Extradition       ...  ...    242 


XU  CONTENTS. 

CIIAITKi;    XXII. 

Pbtvate  International  Law              ...            ...  ...  253 

Section  I.  Nature  of  Private  International  Law  ...  253 

„     II.  Domicile           ...            ...            ...  ...  253 

„    III.  Status                ...             ...             ...  ...  254 

„     IV.  Marriage           ...              ...              ...  ...  255 

.,      V.  Act-  ami  Contracts         ...            ...  ...  255 

„    VI.  Successions      ...             ...             ...  ...  256 

„  VII.  Treaty  Clauses  concerning  the  Administration 

of  Successions             ...             ...  ...  257 

„VII1.  Property           ...             ...             ...  ...259 

„     IX.  Conflict  of  Private  International  Law  ...  260 

CHAPTER  XXIII 

Means  foe  the  Prevention  of  War                ...  ...  266 

Section   I.  Good  Offices  and  .Mediation          ...  ...  266 

„       II.  International  Arbitration                ...  ...  268 

„     III.  Proposed    Council    and    Tribunal    of   Inter- 
national Arbitration   ...             ...  ...  273 

CHAPTER  XXIV. 

War  and  its  Effects           ...             ...            ...  ...  278 

CHAPTER  XXV. 

Neutrality               ...            ...            ...            ...  ...  290 

APPENDIX. 

DeCLAB ATTON    OF    TUT.    POWERS   ON  THE   ABOLITION  OF    THE 

Slave-Trade  (1815)       ...            .»            ...  ...  301 

Regulations  on  the  Free  Navigation  of  Rivers  (1815)  304 

Regulations  on  the  Bane  between  Diplomatic  Agents 

(1815)  ...             ...            ...             ...             ...  ...  306 

Dec  eaiiauon   inspecting    Maritime  Law  (J856)  ...  307 

The  Treat*  ov  Washington  ^1871)  ...           ...  ...  310 


1  o      «      0 


INTERNATIONAL    LAW. 


CHAPTER  I. 

NATURE   AND   AUTHORITY    OF    INTERNATIONAL   LAW. 

International  Law,  or  Jus  inter  gentes,  is  composed 
of  two  distinct  elements,  the  Natural  and  the  Conven- 
tional. The  Natural,  or  what  is  designated  as  the  Law 
of  Nature,  is  common  to  all  nations,  for  it  embraces 
those  principles  which  are  implanted  by  God  in  the 
heart  and  mind  of  every  man,  of  whatever  race  or  clime. 
It  is  characterized,  in  a  general  sense,  as  a  Law,  because 
its  observance  leads  to  peace  and  happiness,  and  its 
disregard  to  war  and  misery.  Unfortunately,  however, 
natural  or  moral  Laws  impose  only  imperfect  duties, 
and,  therefore,  in  so  far  as  International  Law  depends 
upon,  and  consists  of  the  Law  of  Nature,  it  is  of 
necessity  of  uncertain  obligation.  The  Conventional,  or 
positive  element  of  International  Law,  is  that  which 
results  from  express  obligations,  undertaken  by  States 
in  the  shape  of  treaties,  agreements,  declarations,  and 


2  INTERNATIONAL   LAW. 

also  from  precedents  and  leading  Cases,  establishing 
the  customary  practice  of  States.  These  two  elements, 
the  Natural  and  the  Conventional,  are  either  inter- 
mixed nt  .x^paiato.  Then;  may  be  a  natural  obliga- 
tion, where  there  is  not  a  conventional,  though  there 
is  scarcely  a  conventional  obligation,  without  the 
natural  element  bound  up  with  it.  But  of  the  two 
elements,  the  Natural,  which  is  the  most  unchangeable 
and  universal,  is  also  the  less  certain  in  its  operation 
and  authority.  Could  we  give  to  the  universal  prin- 
ciples of  Natural  Law  the  same  certainty  and  binding 
force  as  are  possessed  by  the  Conventional,  we  would 
not  have  to  lament — to  the  same  extent,  at  any  rate — 
the  weakness  and  uncertainty  which  characterize  by 
far  the  greatest  portion  of  the  Law  of  Nations. 

We  must  not  confound  International  Law  with 
politics,  or  the  political  system  of  a  Nation.  Political 
Science  is  that  part  of  social  science  which  treats  of 
the  principles  of  Government.  In  theory,  it  seeks  to 
establish  Laws  drawn  from  experience  and  reason, 
sometimes  as  the  generalized  expression  of  facts,  and 
sometimes  as  the  pure  conception  of  an  ideal  more  or 
less  realizable.  In  practice,  it  aims  to  give  effect  to 
such  general  principles,  with  due  regard  to  oppor- 
tunity, time,  place,  and  circumstances.  The  political 
systems  of  States  differ  according  to  the  character  of 
different  races  and  peoples.  The  Orientals,  by  uniting 
in  one  system  theology  and  politics,  create  a  theo- 
cratic reyimt'  hard  and  inflexible.     Western  nations, 


GKOTIUS.  3 

less  fettered,  are  better  able  to  adapt  their  systems 
of  politics  to  the  condition  of  Society. 

International  Law,  as  a  branch  of  Jurisprudence, 
is  the  creation  of  moralists,  moulded  by  the  acumen 
of  jurists  and  the  wisdom  of  statesmen.  What  per- 
plexed mediaeval  theologians  was — Can  a  Christian 
eno-atre  in  war  ?  To  whom  belongs  the  right  of  de- 
claring  war  ?  What  causes  will  justify  a  resort  to 
war  ?  In  a  just  war,  what  are  the  rights  of  Belli- 
gerents ?  Can  a  Christian  make  war  against  an 
Infidel  on  no  other  ground  but  his  infidelity  ?  Has 
the  Pope  the  right  to  sanction  war  against  an  Infidel  ? 
Can  the  Emperor  sanction  it,  since  he  is  not  the 
master  of  the  world  ?  Are  we  bound  to  keep  faith 
with  the  enemy  ?  Jurists  are  not  fond  of  hypothetical 
questions,  but  they  were  early  led  to  consider  man}r 
legal  questions  arising  from  the  relations  of  States  and 
the  rights  of  Embassies. 

Grotius  combined  in  a  conspicuous  manner  the 
character  of  a  jurist  and  a  theologian,  and  was  able 
to  weigh  with  even  hand  the  often  conflicting  rights 
of  morals  and  law.  The  spirit  in  which  he  entered 
on  his  work,  "  De  Jure  Bellis  et  Pacis,"  *  may  be  seen 
from  the  opening  statement.  "  I  have  been  for  a  long 
time  convinced  that  there  is  a  God  common  to  all 
Nations,  wTho  watches  both  the  preparation  and  the 
course  of  war.  I  have  seen,  on  all  sides,  in  the  Chris- 
tian World,  such  a  wanton  licence  in  war,  that  even 

*  Prelimin.  Discourse,  §  xxix. 


4  INTERNATIONAL   LAW. 

the  most  barbarous  nations  would  have  reason  to 
blush  for  it.  People  run  to  arms  without  reason,  or 
for  the  slightest  reason,  and  they  trample  under  foot 
all  Divine  and  human  laws,  as  if  they  were  justified 
and  resolved  to  commit  all  sorts  of  crimes  without 
any  check  whatever."'  Are  there  no  Laws,  positive 
or  natural,  binding  nations  not  to  indulge  in  such 
barbarities  ?  Grotius  reviewed  all  the  dicta  and  say- 
ings of  philosophers  and  moralists,  consulted  the 
practice  of  ancient  and  modern  nations,  examined 
the  teaching  of  the  Bible  on  matters  of  peace  and 
war,  and  endeavoured  to  arrive  at  a  kind  of  universal 
consensus  on  the  subject,  in  the  hope  that  no  civilized 
State  would  feel  itself  at  liberty  to  depart  from  the 
same. 

The  critical  point  in  International  Law,  doubtless, 
is  the  lawfulness  or  unlawfulness  of  war,  and  it  is 
unfortunate  that  the  great  authority  of  Grotius  was 
not  more  decisively  expressed  against  a  system  so 
fraught  with  misery  and  destruction.  Who,  indeed, 
can  reflect  on  the  sacredness  of  human  life,  in  view 
of  its  eternal  destinies,  without  coming  to  the  con- 
clusion that  war,  with  its  attendants,  hatred,  destruc- 
tion, and  slaughter,  is  incompatible  with  the  high 
dictates  of  religion?  It  was  not  in  vain,  however, 
that  Grotius  wrote  his  splendid  work.  And  the 
numerous  writers  who  followed  him  in  developing  the 
principles  of  International  Law  have  by  their  appeals 
to  reason,  conscience,  and  self-interest,  for  some  re- 


THE  PUBLIC  LAW  OF  EUROPE.         0 

straint  on   the   lust  of   power,  done    much  to  check 
lawlessness  and  barbarism,  even   in  war.     We  may 
now   say   that   the  obligation   of  Treaties   is   better 
recognized ;  that  the  relations  of  States  have  become 
closer   and  more  friendly ;  and  that   if   war   is    still 
admitted  as  inevitable,  under  certain  circumstances,  it 
is  certainly  entered  into  with  more  hesitation,  whilst 
every  care  is  taken  to  circumscribe  its  limits  as  much 
as  possible.    We  have,  moreover,  some  security  against 
a   thoughtless    recourse    to    war,    in    the    fact    that 
the    leading   States    are   bent   upon   promoting    the 
economic  welfare  of  their  people,  and  the  people  them- 
selves are  better  able  to  appreciate  the  great  stake 
they  have  in  the  preservation  of  peace.     What  we 
grievously   lament   is   the   implicit   trust    placed   on 
physical  force,  as  a  safeguard  for  the  upholding  of 
national  rights.     The  maintenance  of  large  military 
and  naval  forces  is  a  disturbing  element,  which  at  any 
moment  may  place  the  reign  of  Law  in  great  jeopardy. 
Much  has  yet  to  be  done  before  a  sound  system  of 
public  law,  both  internal  and  external,  can  be  effec- 
tively established.     No  empire  which  exists  by  force 
can  be  said  to  have  its  public  law  founded  on  a  solid 
basis.     A  low  state  of  political  education  hinders  the 
extension   of    a   wise   and    beneficent   constitutional 
system.     If  the  public  Law  of  Europe  is  ever  to  de- 
serve the  title  of  model  and  exemplar  for  all  civilized 
nations,  it  must  seek  to  unite  the  various  branches 
of  the   family   of  States   by  bonds   more  solid   and 


0  'INTERNATIONAL   LAW. 

lasting  than  those  of  conquest;  it  must  provide  some 
other  method  than  war  lor  the  settlement  of  inter- 
national disputes;  it  must  seek  to  harmonize  the 
policy  of  States  more  with  the  maxims  of  philosophers 
and  moralists,  and  with  the  precepts  of  religion  and 
morals,  than  with  the  promptings  of  interest  and 
expediency ;  it  must  seek  to  reverse  the  old  maxim 
of  "Nothing  which  is  useful  can  be  unjust"  for  the 
better  one  of  "Nothing  can  be  permanently  useful 
which  is  unjust." 

Jeremy  Bentham  indicated,  as  modes  of  preventing 
war,  the  homologation  of  unwritten  laws,  which  are 
considered  as  established  by  custom,  the  conclusion  of 
new  conventions,  and  the  settlement  of  new  international 
laws,  upon  points  which  remain  unascertained,  and  on 
which  the  interests  of  States  are  capable  of  collision. 
The  materials  offered  in  this  work  will,  it  is  hoped, 
advance  an  object  so  desirable.  Remove  any  uncer- 
tainty as  to  requirements  of  International  Law,  and 
reduce  its  principles  in  the  form  of  a  Code,  if  possible 
authoritatively  recognized  by  all  civilized  states  in 
the  same  manner  as  the  "  Declaration  of  Maritime 
Law  "  agreed  to  at  the  Congress  of  Paris  of  185C,  and 
the  Geneva  Convention  for  the  amelioration  of  the 
condition  of  the  wounded  in  armies  in  the  field,  in 
1805  ;  let  the  principles  of  International  Law  be  made 
as  accessible  and  intelligible  as  possible;  let  us  have, 
in  short,  a  clear,  concise,  and  systematic  Code  of  the 
Law  of  Nations,  and  we  shall  not  only  have  taken  an 


LITERATURE  OF   THE   LAW    OF   NATIONS.  / 

important  step  towards  securing  obedience  to  its  dic- 
tates, but  shall  have  greatly  facilitated  the  labours  of 
any  Tribunal  of  Arbitration  which  may  hereafter  be 
organized  for  the  settlement  of  international  disputes. 

Literature  of  International  Law. 

The  following  are  the  principal  works  on    Inter- 
national Law  or  the  Law  of  Nations : — 

1509-1566.  Vasquez,  "  Controversia?  Illustres." 
1588.  Gentili,  "De  Jure  Belli." 
1619.  Suarez,  "De  Legibus  et  Deo  Legislatore." 
1625.  Grotius,  "  De  Jure  Belli  et  Pacis." 
1650.  Dr.  Zouch,  "  Juris  et  Judicii  Fecialis." 
1672.  Puffendorf,  "  De  Jure  Naturae  et  Gentium." 
1676.  Rachel,  "De  Jure  Nature  et  Gentium." 
1688.  Thomasius,  "  Institutiones  Jurisprudential  Divinas." 
1693.  Leibnitz,  "Codex  Juris  Gentium  Diplomaticus." 
1737.  Van  Bynkershoek,  "  Quesstiones  Juris  Publici." 

1748.  Vattel,  "  Droit  des  Gens." 

1749.  Wolff,  "Jus  Gentium." 

1754.  Dr.  Rutherforth,  "  Institutes  of  Natural  Law." 

1757.  Hubner,  "  Essai  sur  l'Histoire  du  Droit  Naturel.1' 

1763.  Burlamaqui,  "  Droit  Naturel  et  Politique." 

1778.  Lampredi,  "Juris  Naturae  et  Gentium." 

1780.  Moser,   "Versuch  des  Neuesten    Europaischen   Vol- 

kerrecbts." 
1785.  Martens,  Geo.  F.,  "  Prima?  Lineae  Juris  Gentium  Euro- 

pajorum  Pratici." 
1795.  Azuni,   "  Sistema  Universale  de  Principii  del  Diritto 

Marittimo  dell'  Europa." 
1795.  Ward,  "  History  of  tbe  Law  of  Nations." 
1803.  De  Rayneval,  "  Institutions  du  Droit  de  la  Nature  et 

des  Gens." 
1819.  Kliiber,  "  Droit  des  Gens  Mod  erne  de  l'Europe." 
1836.  Wheaton,  "  Elements  of  International  Law." 


8  INTERNATIONAL    LAW. 

1839.  Manning,  "  Commentaries  on  the  Law  of  Nations." 

1844.  Heffter,  "Das  Europaische  Volkerrecht  der  Gegenwart." 

1845.  Gardner,  "  Institutes  of  International  Law.-' 
L847.  Phillimore,  "  Commentaries  on  International  Law." 
1819.  Wildman,  "History  of  International  Law." 

1851.  Reddie,  "  Inquiries  in  International  Law." 

1860.  Pierantoni,  "  Progresso  del  Diritto  Publico  delle  Gcnti." 

1861.  Halleck,  "International  Law." 
1861.  Twiss,  "  Law  of  Nations." 

1869.   Fiore,  "  Le  Nouveau  Droit  International  Public." 

1869.  Bluntschli,  "Droit  International  eodifie." 

1870.  Calvo,  "Le  Droit  International." 

187L'.   Field,  Dudley,  "Outline  of  an  International  Code." 

1880.  Hall,  \V.  E.,  "International  Law." 

1882.  Lorimer,  "  Institutes  of  the  Law  of  Nations." 

Mai  tens,  "Recueil  des  Principaux  Traites  d* Alliance,  de 
Paix,  de  Treve,  de  Neutrality,  de  Commerce,  de  Limites, 
d'Echange,  etc.,  conclus  par  les  Puissances  de  l'Europetant 
entre  elles,  qu'avec  les  Puissances  et  Etats  dans  d'autres 
Parties  du  Monde,"  1761  to  the  present  time,  continued  by 
Saalfeld,  Murhard,  Samwell,  Hop]',  and  Stoerk  Gkettingue. 

The  following  treatises  on  special  subjects   may 
also  be  consulted  : — 

Neutrality — Gessner,  "  Le  Droit  des  Neutres  sur  Mer."     1865. 

„  Hall,  W.  E.,  "  Rights  and  Duties  of  Neutrals."    1874. 

„  Hautefeuille,  "  Des  Droits  et  des  Devoirs  des  Nations 

Neutres."     1848-9. 

Private  International  Law — Westlake,  "A  Treatise  on  Private  In- 
ternational Law."     188i  i. 

Extradition — "Recueil  renferniant  in  extenso  tous  les  Traites  con- 
clus jusqu'a  1  Janviers,  1883,  entre  les  Nations  Civilise'es," 
by  Kirchner.     1883. 

Foreign  Judgments — Piggott's  "The  Law  and  Practice  of  the 
Courts  of  the  United  Kingdom  relating  to  Foreign  Judgments." 
188L 

"  Geneva  Arbitration  Case  and  Countercase  between  the  United 
Kingdom  and  United  States  of  America  relating  to  the  Alabama 
Claims."      L872. 


CHAPTER  II. 
progress  of  international  relations. 

§  1.  From  Ancient  Times  to  the  Peace  of 
Westphalia,  1648. 

Scarcely  any  comparison  can  be  instituted  between 
the  present  international  relations  and  those  which 
existed  among  the  nations  of  antiquity,  for  in  olden 
times  States  seldom  came  in  contact  with  one  another, 
except  for  hostile  purposes.  International  Law,  such 
as  is  now  recognized,  is  the  creation  of  comparatively 
recent  years ;  the  result  of  the  combined  influence  of 
philosophy  and  ethics,  religion  and  civilization,  com- 
merce and  political  economy,  to  say  nothing  of  the 
action  of  accelerated  means  of  communication,  such 
as  railwa}'s,  steam  packets,  and  electric  telegraphs. 

In  Greece,  the  few  writers  on  the  duties  of  States 

towards  one  another  were  not  jurists  or  statesmen, 

but  philosophers  and   moralists,  and    their  doctrines 

were  laid  down  in  too  abstract  a  manner  to  influence 

2 


10  INTERNATIONAL   LAW. 

the  action  of  their  governments.  Whilst  Plato  and 
Socrates,  Epicurus  and  Zeno,  were  philosophizing  on 
rules  for  the  conduct  of  life,  and  exhibiting  with  much 
force  and  dignity  the  attractiveness  of  virtue,  slavery- 
was  a  recognized  status  among  the  people,  foreigners 
were  treated  as  enemies,  and  the  customs  of  war  were 
of  the  most  barbarous  character.  Among  Greek  cities 
and  states,  a  certain  recognition  of  international 
justice  was  shown  by  the  action  of  the  Amphyctionic 
Council — an  institution  more  religious  than  political, 
for  the  pacific  adjustment  of  disputes.  That  Council 
had  doubtless  some  influence  in  restraining  the  sava- 
gery of  intestine  wars,  by  binding  its  members  not  to 
destroy  any  of  the  Amphyctionic  Towns,  not  to  turn 
away  their  running  waters,  and  not  to  commit  theft 
in  the  Temple  of  Delhi,  the  common  centre  of  the 
confederacy.  But  the  authority  of  the  Council  was 
confined  to  the  twelve  nations  of  the  Hellenic  name, 
associated  with  the  worship  of  Apollos  at  Delphi,  and 
Demeter  at  Thermopylae. 

As  in  Greece,  so  in  Rome,  the  ethics  of  Cicero  and 
other  writers  were  far  in  advance  of  the  ethics  of  the 
nation.  Cicero  apologized  for  the  use  of  force  as  a 
means  of  repelling  aggression,  just  as  we  justify  the 
punishment  of  crime  for  the  purpose  of  repressing  its 
excesses.  In  theory  the  Romans  had,  for  a  time  at 
least,  their  fecial  laws,  and  their  Collegium  fecialium, 
for  the  purpose  of  controlling  the  conduct  of  their 
armies  towards  other  nations  in  time  of  war,  and  no 


THE   INTRODUCTION   OF   CHRISTIANITY.  11 

war  was  declared  unless  permitted  by  the  feciales.  The 
Romans  knew  better  than  any  other  nation  the  action 
of  the  Law  of  Nature,  that  unwritten  body  of  obli- 
gations which  lies  at  the  foundation  of  moral  duties. 
The  j us  gentium  was,  to  the  Romans,  the  Law  of  Nature 
found  in  and  applicable  to  all  men  and  to  all  countries. 
But  such  theories  did  not  permeate  the  sentiments  of 
the  nation,  or  control  the  action  of  the  State.  With 
them,  every  consideration  was  subordinate  to  the  love 
of  and  thirst  for  conquest.  Blinded  by  the  desire  for 
universal  dominion,  the  Romans  did  not  see  that  any 
International  Law  did  or  could  exist,  and  if  they 
apprehended  its  existence,  they  certainly  did  not 
acknowledge  its  authority,  nor  observe  its  doctrines. 

With  the  introduction  of  Christianity  in  Rome,  a 
high  motive  for  more  friendly  and  peaceful  intercourse 
between  nations  was  created,  which  ought  to  have 
acted  as  a  powerful  force  among  its  followers.  Recog- 
nizing no  difference  between  men  of  different  races, 
laying  down  principles  of  conduct  altogether  at  vari- 
ance with  those  held  by  the  general  community,  it 
might  have  been  expected  that  Christianity  should 
have  inaugurated  a  new  code  of  international  obliga- 
tions, more  obligatory  than  any  suggested  by  ethics  or 
philosophy.  But  though  Christianity  eventually 
became  the  religion  of  the  State,  its  teaching  had  but 
little  influence  on  the  policy  of  the  Empire.  A  few  of 
the  early  Christians  conspicuous  for  high  morals, 
having  at  first  made   determined   resistance   to   the 


12  INTERNATIONAL   LAW. 

custom  of  war,  ended  with  acquiescing  with  it  as  a 
punishment  of  God  ;  whilst  rulers  and  people,  as  a 
whole,  remained  impervious  to  the  teaching  of  a  religion 
adopted  more  as  a  political  force  than  as  a  rule  of  life. 
In  the  dark  era  which  followed  the  disruption  of 
the  Roman  Empire,  great  part  of  the  salutary  effects 
produced  by  Roman  Law  and  order  disappeared  ;  * 
nevertheless,  other  and  more  benign  influences  modi- 
fied  the  asperities  of  the  times.  The  Pope  of  Rome 
assumed,  not  without  some  success,  the  dignified 
position  of  International  Arbitrator  or  Judge.  The 
Councils  of  the  Church,  held  from  time  to  time, 
attended  by  the  Sovereigns  in  person,  or  their  Ambas- 
sadors, by  the  dignified  clergy  and  other  influential 
classes  from  many  countries  in  Europe,  exercised  a 
beneficial  influence  on  international  relations.  The 
Crusades  organized,  at  the  bidding  of  Urban  II.,  in  order 
to  deliver  the  Holy  Land  from  the  dominion  of  the 
Turks,  had  the  effect  of  making  many  people,  hereto- 
fore quite  segregated,  come  into  contact  with  one 
another.  Whilst  Chivalry  and  Knighthood  did  much 
to  discourage  brutal  ferocity  in  manners,  and  an 
increasing  commerce  taught  nations  to  regard  each 
other,  not  as  natural  enemies,  but  as  alike  dependent 

*  The  Roman  law  did  not  absolutely  lose  its  authority,  even  during 
the  darkest  time  of  the  Middle  Ages.  The  Basilica,  prepared  by 
order  of  the  Emperor  Basil;  the  Aniani  Breviarinm,  promulgated  by 
Alaric  II.  in  Gaul ;  the  Fuero  de  Juzgos,  published  by  the  Visigoths 
in  Spain,  and  the  Theodosian  Code,  were  all  founded  upon  the  Roman 
Law.  Tho  usages  of  the  Goths,  Ostrogoths,  and  Visigoths  were 
everywhere  abandoned  in  favour  of  Roman  jurisprudence. 


TRADE   OF  THE   ITALIANS.  13 

on  the  right  use  of  the  resources  wisely  distributed 
by  Providence  over  the  surface  of  the  earth. 

In  the  Middle  Ages  the  Mediterranean  was  the 
centre  of  European  Commerce,  and  the  Italian  He- 
publics  had  the  trade  of  the  East  in  their  hands. 
Not  yet  in  possession  of  direct  communication  by  sea 
with  India,  Europe  received  at  the  hands  of  the 
Italians  many  of  those  articles  which  Egypt  and 
Syria  sent  to  minister  to  European  taste  and  luxury. 
These  articles  were  first  carried  by  land,  by  the  most 
indirect  and  circuitous  routes,  from  the  interior  of 
India  to  Goa,  from  Goa  to  Aden ;  thence  they  were 
brought  by  the  Italians  by  sea  to  the  Mediterranean 
coasts  and  from  Venice  or  Genoa,  Marseilles  or 
Barcelona,  distributed  through  the  chief  marts  of 
merchandise  in  Europe.  But  Commerce  was  exceed- 
ingly adventurous  in  those  days,  and  as  Hallam  said, 
"  When  neither  robbery  nor  private  warfare  was  any 
longer  tolerated,  there  remained  that  great  common 
of  mankind,  the  Sea,  unclaimed  by  any  king,  so  that 
the  liberty  of  the  sea  was  but  another  name  for  the 
security  of  the  plunderers."  We  need  not  be  sur- 
prised, therefore,  in  finding  that  the  relative  rights 
and  duties  of  enemies  and  friends,  or  of  Belligerents 
and  Neutrals,  were  fully  recognized  and  regulated  by 
written  customs. 

The  "  Consulato  del  mare,"  a  work  which  embodied 
the  customs  of  the  sea,  variously  given  as  issued 
between   the   twelfth   and   fourteenth  century,    gave 


14  INTERNATIONAL   LAW. 

unequivocally  its  decision  on  one  of  the  most  interest- 
ing questions  of  International  Maritime  Law,*  viz. 
Whether  the  property  of  a  Belligerent  found  in  a 
neutral  ship,  and  the  property  of  a  neutral  found  in  a 
Belligerent  ship,  were  liable  to  confiscation.  The  rule 
as  laid  down  by  the  "  Consulato  "  was  as  follows  : — 
"  When  an  armed  vessel  meet  a  merchant  Shi}),  and 
both  Ship  and  Cargo  belong  to  the  enemy,  there  is  no 
difficulty  in  deciding  as  to  the  course  to  be  pursued. 
The  Admiral,  or  the  chief  of  the  force,  is  bound  to 
capture  them  both.  But  when  the  ship  belongs  to  a 
friendly  state,  and  the  goods  to  the  enemy,  then  the 
Admiral  may  compel  the  Master  of  the  Ship  to  give  up 
the  goods,  on  his  paying  the  freight  due  to  him  upon 
them.  If,  on  the  contrary,  the  Ship  belongs  to  the 
enemy,  and  the  goods  to  friends,  then  the  owner  of  the 
Ship  must  agree  with  the  Admiral  for  the  redemption 
of  the  Ship,  at  a  reasonable  price ;  and  if  they  cannot 
come  to  an  agreement,  then  the  Admiral  has  the  right 
to  take  the  Ship  to  his  own  port,  and  the  owner  of  the 
goods  is  bound  to  pay  freight  upon  the  same,  as  if  the 
Admiral  had  taken  the  goods  to  the  place  of  their 
destination."  And  these  are  the  principles  which 
Holland  adopted  in  her  war  with  the  Hanseatic 
League,  and  which  were  subsequently  defended  by 
Grotius  and  other  writers. 

As  trade  passed   from   the   Mediterranean   to  the 

*  "  Consulato,"  ch.  ccxxxi.,  "  De  nau  de  mercederia  px-esa  per  uau 
armada." 


THE    THIRTY    YEARS'    WAR.  15 

centre  and  north  of  Europe,  the  "Roles  d'Oleron,"  the 
"Guidon  de  la  Her,"  the  "Laws  of  Wisbuy,"  the 
"  Ordinances  of  the  Hanseatic  League,"  etc.,  extended 
further  and  further  the  laws  and  policy  of  the  Medi- 
terranean. And  as  intercourse  became  enlarged,  both 
by  land  and  sea,  more  especially  by  the  discovery  of 
America  in  1492,  and,  the  opening  of  a  sea  route  to 
India  in  1497,  the  anti-social  spirit  once  prevailing 
gradually  gave  place  to  more  peaceful  and  mutually 
helpful  relations. 

Important  events,  however,  succeeded  those  mag- 
nificent discoveries.  From  that  time  dates  the  ex- 
tension of  the  Colonial  system,  in  which  Portugal, 
Spain,  Holland,  and  Great  Britain  won  so  many  laurels. 
Soon  after  came  the  revolution  of  the  Netherlands, 
and  their  rebellion  from  Spain,  with  the  wars  and 
alliances  which  their  action  called  forth.  And  then 
came,  too,  the  Reformation  and  the  Thirty  Years' 
War,  which  convulsed  Europe  to  its  very  centre. 
The  Peace  of  Prague  of  1635  had  been  acceded  to 
by  the  Elector  of  Brandenburg  and  other  German 
Princes,  but  Sweden  rejected  it,  and  it  was  only  after, 
in  conjunction  with  France,  she  obtained  a  victory 
against  the  Emperor  Ferdinand,  that  the  Peace  of 
Westphalia  became  possible.  By  that  time  the  Holy 
Roman  Empire,  already  on  the  wane,  was  infested  by 
the  incursion  of  the  Turks  in  the  south,  and  by  insub- 
ordination in  the  north,  an  insubordination  which  not 
even  the  Golden  Bull  granted  by  the  Emperor  Charles 


16  INTERNATIONAL   LAW. 

IV.  had  succeeded  in  quelling.  England,  then  suffering 
under  the  reign  of  the  Stuarts,  was  sending  forth  the 
Pilgrim  Fathers  to  secure  in  the  American  soil  that 
freedom  of  conscience  which  was  denied  to  them  at 
home.  And  France  under  Louis  XIV.,  and  Spain 
under  Philip  IV.,  were  alike  the  seats  of  intolerance 
and  despotism. 

The  Peace  of  Westphalia  of  1648,  including  the 
Treaty  of  Minister,  the  Treaty  of  Osnabriick,  and 
the  Convention  of  Nuremberg,  enlarged  the  basis  of  the 
political  system  of  Europe,  by  the  introduction  for  the 
first  time  of  the  Northern  element  in  its  affairs,  by 
the  recognition  of  the  right  of  every  State  in  Germany 
to  be  either  Catholic  or  Protestant,  as  it  might  choose, 
and  by  the  affirmation  of  the  principle  of  equality  among 
States,  whether  great  or  small,  before  International 
Law — a  provision  afterward  rendered  the  more  visible 
by  the  introduction  of  permanent  embassies.  But  who 
were  the  signatories  of  these  important  Treaties  ? 
They  were  the  Emperor  of  Austria,  the  Kings  of 
France  and  Sweden,  a  number  of  Electors  and  Bishops, 
and  the  representatives  of  several  free  t<  >\vns.  England 
was  no  party  to  them.  She  had  no  voice  in  the  poli- 
tical settlement  of  Europe  in  the  seventeenth  century. 
Russia  did  not  then  exist  as  a  political  power.  Prussia 
figured  only  in  her  embryo  condition  as  the  Duchy 
of  Brandenburg.  Tested  by  results,  the  subversion 
of  the  unity  of  Germany,  under  the  influence  of  re- 
ligious animosities,  proved  a  source  of  weakness,  not 


THE   WAR   OF   SUCCESSION.  17 

of  strength  to  Europe.  The  cession  of  Alsace  to 
France  *  healed  only  for  a  time  the  sore  between  the 
two  contiguous  States,  and  only  partially  quelled  the 
feuds  which  had  existed  between  them  ever  since 
the  Treaty  of  Verdun  in  813. 


§  2.  From  the  Peace  of  Westphalia  to  the 
Treaty  of  Vienna,  1815. 

After  the  Treaty  of  Westphalia,  new  interests  were 
created,  as  well  as  new  combinations,  and  new  com- 
plications in  politics.  The  aim  of  France,  under 
the  dexterous  guidance  of  Cardinals  Richelieu  and 
Mazarin,  being  to  rival  if  not  to  excel  in  political  in- 
fluence the  House  of  Austria,  she  found  in  the  pretension 
of  a  right  of  succession  to  the  Spanish  Kingdom 
a  chance  of  extending  her  territorial  possessions. 
That  there  should  be  no  Pyrennees  was  the  aim  of 
Louis  XIV.  in  advancing  the  claim  of  Philip,  Duke  of 
Anjou,  his  Grandson,  to  the  throne  of  Spain.  But  the 
aggrandizement  of  a  Sovereign  so  absolute  and  into- 
lerant  could  not  fail  to  be  regarded  with  jealousy  by 

*  See  "  Acte  de  cession  des  trois  eveches  de  Lorraine,  de  Alsace, 
de  Brisac,  et  de  Pignerol,  delivre  a  la  France  par  l'Empereur  et 
par  l'Empire  a  Hunster,  le  24  Octobre,  1648 ; "  "  Acte  de  cession  de 
la  ville  de  Brisac,  du  Langraviat  d'Alsace,  et  de  la  prefecture  des 
dix  villes  imperiale  d' Alsace  delivre  a.  la  France  par  l'Empereur  et  la 
maison  d'Autriche."  These  districts  included  Metz,  Tonl,  Verdun,  as 
well  as  Strasburg  and  Bille.  "  Traites,  etc.,  la  France  et  les  puis- 
sances Etrangeres,  par  Chr.  Koch,"  1S02. 


18  INTERNATIONAL   LAW. 

England,  which  was  just  emerging  from  the  revolution 
of  1688;  by  Holland,  which  knew  what  Spanish  ter- 
rorism had  been  to  herself;  by  Prussia,  which  claimed 
to  be  the  champion  of  Protestantism ;  and  by  Austria, 
which  objected  to  any  extension  of  French  power.  A 
League  of  these  States  was  thus  formed  against  France, 
and  a  war  of  thirteen  years'  duration  ensued,  which 
ended  by  the  Treaty  of  Utrecht*  of  1713. 

The  principle  asserted  by  both  the  Treaties  of 
Westphalia  and  Utrecht  was  the  balance  of  power, 
or  the  maintenance  of  a  kind  of  equipoise  between 
States,  with  a  view  of  resisting  an  inordinate 
increase  of  territory  in  the  hands  of  any  one  State, 
and  the  uniting  together  of  all  States  for  their  common 
interest  in  any  measures  necessary  for  preventing  the 
same.  But  the  very  attempt  to  maintain  such  a 
balance  of  power  produced  greater  evils  than  it 
intended  to  remove.  Nor  could  it  eliminate  all  the 
circumstances  which  might  lead  to  the  acquisition  by 
any  State  of  additional  territories;  for  though  the 
Treaty  of  Utrecht  so  far  deterred  the  Sovereigns  of 
Europe  from  attempting,  by  their  own  acts,  to  enlarge 

*  The  Treaty  of  Utrecht  was  written  in  Latin  and  English,  and 
was  concluded  by  Princess  Anne,  Queen  of  Great  Britain,  France,  and 
Ireland,  and  Prince  Louis  XIV.,  the  Most  Christian  King,  under  date 

of  Utrecht,  , ,  day  of   - — -  ,  1/13.     It  contains  Letters  Patent  by 
11  April  J 

the  King  admitting  the  renunciation  of  the  King  of  Spain  to  the 

Crown  of  France,  and  those  of  M.   the  Duke  of  Berry  and  of  M.  the 

Duke  of  Orleans  to  the  Crown  of  Spain.     The  Treaty  is  signed  by  a 

Public  Notary  and  Writer  and  by  other  witnesses. 


THE   "  PACTE   DE    FAMILLE."  19 

their  sovereignty  beyond  the  limits  of  their  own 
States,  it  could  not  prevent  their  obtaining  accessions 
of  territories  from  bona  fide  hereditary  rights.  Thus, 
after  the  death  of  Charles  VI.  of  Austria,  several 
States  claimed,  as  by  right,  certain  territories,  which 
were  alleged  to  have  been  bequeathed  to  Maria 
Theresa,  and  that  gave  rise  to  another  war  of  suc- 
cession, settled  by  the  Treaty  of  Tetschen  *  of  May 
13,  1779. 

Experience  also  taught  that,  limit  as  we  may  the 
rio-ht  of  succession,  it  will  not   prevent   treaties    of 
alliance  being  concluded  between  contiguous  States, 
whereby  physical  boundaries  may  be  set  at  nought. 
In  1761,  regardless  of  all  that  had  been  done  to  estab- 
lish such  a  balance  of  power,  a  pacte  de  famille  f  was 
concluded  between  Louis  XV.  in  France  and  Charles 
XII.  of  Spain,  uniting  all  the  members  of  the  House 
of  Bourbon  in  a  bond  for  their   mutual    protection. 
Hence,  when  war  arose  between  Great  Britain  and 
France  respecting  the  boundaries  of  their  respective 
colonies    in   North    America,  England   found   to   her 
surprise  that  her  antagonist  was  not  only  France,  but 
Spain   also  ;  Charles  VII.  having,  under   that  pacte 
de  famille,  agreed  to  treat  as  enemy  any  Power  which 
should  declare  war  against  France,  and  also  to  guaran- 

*  At  the  Congress  of  Tetschen,  Austria  was  represented  by  Count 
de  Cobenzell,  Prussia  by  Baron  de  Riedesel,  France  as  mediating 
power  by  Baron  de  Breteuil,  and  Russia  by  Prince  de  Repnin. 

f  Pacte  de  famille — a  treaty  of  friendship  and  union  between  the 
Kings  of  France  and  Spain,  signed  at  Paris,  August  15,  1761. 


20  INTERNATIONAL   LAW. 

tee  to  France  all  her  possessions.  The  Treaty  of  Paris 
of  February  10,  1763,  between  France,  Great  Britain, 
and  Spain,*  concluded  after  seven  years'  war,  lessened 
the  influence  of  France,  lowered  Spain  to  the  position 
of  a  second-rate  power,  and  placed  British  influence  in 
North  America  in  a  condition  of  absolute  safety. 

After  the  conclusion  of  this  Treaty,  the  distribution 
of  power  in  Europe  was  greatly  altered.  Prussia,  by 
the  energy  of  her  rulers,  had  become  a  kingdom  of  no 
mean  importance.  Russia,  hitherto  mainly  composed 
of  Asiatic  tribes,  became  a  European  power.  England 
had  risen  to  the  position  of  a  great  State.  But  again  a 
source  of  disturbance  appeared  in  the  heart  of  Europe 
in  consequence  of  the  partition  of  Poland  in  1772. 
And  a  revolution  arose  in  the  British  colonies  in  North 
America  of  a  formidable  character,  which  ended  in 
the  creation  in  1770  f  of  the  United  States  of  America. 
The  war  between  Great  Britain  and  her  American 

*  The  Treaty  of  Paris  effected  considerable  transfers  of  terri- 
tories. France  ceded  to  Great  Britain  her  possessions  in  Canada, 
Nova  Scotia,  and  the  islands  on  the  St.  Lawrence,  French  subjects 
being  allowed  to  fish  on  the  coast  of  Newfoundland.  Great  Britain 
ceded  to  France  St.  Pierre.  The  boundaries  between  France  ami 
Great  Britain  were  fixed  in  the  midst  of  the  river  Mississippi.  Great 
Britain  restored  to  France  Guadeloupe  ami  Martinique,  and  France 
ceded  to  Great  Britain  Grenada.  Great  Britain  ceded  to  Spain  Cuba, 
and  Spain  ceded  to  Great  Britain  Florida. 

t  In  the  month  of  July,  1175,  a  Confederacy  was  formed  of  "the 
thirteen  United  Colonies,"  and  on  July  4,  1 7 7 1 '• ,  the  Congress  issued 
a  proclamation  whereby  they  declared  "  the  Tinted  States  of  America 
free  and  independent,"  with  full  power  to  levy  war,  conclude  peace, 
contract  alliances,  establish  commerce,  and  to  do  all  other  acts  and 
tilings  which  independent  States  may  of  right  do. 


THE   FRENCH   REVOLUTION.  21 

Colonies  was  the  more  prolonged  and  severe  in  con- 
sequence of  the  alliance  contracted  by  France  with 
the  American  Republic*  And  it  was  during  that 
conflict  that  Neutral  Powers  first  assumed  a  firm 
attitude  of  resistance  to  belligerent  rights. t 

Hitherto  France  had  been  content  to  live  under  a 
feeble  and  retrograde  Government.  But  the  fermenta- 
tion created  by  the  extension  of  Jansenism,  and  the 
issue  of  the  Bull  Unigenitus ;  the  agitation  connected 
with  the  calling  of  the  States-General ;  the  alliance 
with  Austria,  formed  by  the  marriage  of  the  Dauphin 
with  the  Archduchess  Marie  Antoinette,  and  the 
disordered  state  of  French  finances,  gave  rise  to  a 
revolution  in  Paris  in  July,  1789,  which  became  the 
immediate  cause  of  a  protracted  European  war.  During 
the  eventful  time,  which  lasted  from  1789  to  1814, 
the  balance  of  power,  so  sedulously  established  by  the 
Treaties  of  Westphalia  and  Utrecht,  completely  broke 
down;  the  old  Republics  of  Holland,  Venice,  and  Genoa 

*  "  Traite  d'amitie  et  de  commerce  entre  le  Roi  de  France  et  les 
Provinces  Unies  de  l'Ameriqne  a  Paris,  le  6  Fevrier,  1778 ;  "  "  Traite 
d'alliance  eventuelle  et  defensive  entre  le  Roi  de  France  et  les 
Provinces  unies  de  l'Ainerique  a  Paris,  le  6  Fevrier,  1778." 

f  On  the  question  of  neutral  rights  at  that  period,  see  Regula- 
tions of  the  King  of  France  on  neutral  navigation  in  time  of  war, 
July  26,  1778;  Declaration  of  the  Empress  of  Russia,  February  28, 
1780  ;  Declaration  of  Sweden  to  the  Belligerent  Powers,  July  21, 
1780;  Maritime  Convention  between  Russia  aud  Denmark,  July  7, 
1780;  Maritime  Convention  between  Sweden  and  Russia,  July  21, 
1789,  and  between  Prussia  and  Russia,  May  8,  1781.  See  also  the 
Earl  of  Liverpool's  paper  on  the  Contest  of  Great  Britain  in  respect 
to  Neutral  Nations,  1785. 


22  INTERNATIONAL  LAW. 

wore  destroyed,  the  Houses  of  Bourbon  in  Spain  and 
Naples  were  overthrown.  And  temporary  Treaties 
were  concluded  at  Campo-Formio  in  1797,  at  Luneville 
in  1801,  at  Amiens  in  1802,*  at  Presburg  in  1805,  at 
Tilsit  in  1807,  and  at  Vienna  in  1809,  none  of  which 
settled  permanently  any  question  of  public  Law. 
Once  again,  Neutral  States  were  exacerbated  by  the 
operation  of  belligerents ;  the  British  Orders  in  Council 
and  the  Decrees  of  Paris  and  Berlin  being  found  ex- 
ceedingly oppressive.  Irritated  by  the  number  of 
American  vessels  captured  by  both  parties,  a  war 
ensued  between  Great  Britain  and  the  United  States  of 
America,  which  was  concluded  by  the  Treaty  of  Ghent 
of  December  24,  1814.  When  the  Congress  of  Vienna 
assembled  in  181 5,f  the  map  of  Europe  had  in  many 
respects  to  be  reconstructed.     Would  that  the  people 

*  The  Treaty  of  Amiens  was  signed  March  '27,  1802,  by  Joseph 
Bonaparte  for  the  French  Republic,  Lord  Cornwallis  for  Great  Britain, 
the  Chevalier  d'Azara  for  Spain,  and  K.  I.  Schimmelpenninck  for  the 
Batavian  Republic. 

f  The  Congress  of  Vienna  was  opened  in  1814,  and  the  con- 
ferences were  not  suspended  by  the  return  to  France  of  Napoleon  in 
March,  1815.  The  final  Act  was  signed  July  9,  1815.  In  that  Con- 
gress Austria  was  represented  by  the  Prince  of  Metternich  and  the 
Baron  <!«•  Wissenberg;  Spain,  by  Don  Pierre  Gomez  de  Labrador; 
France,  by  the  Prince  de  Talleyrand-Perigord,  the  Duke  de  Dalberg, 
Comte  de  Latour  du  Pin,  and  the  Comte  Alexis  de  Noailles;  Great 
Britain,  by  the  Viscount  Castlereagh,  Duke  of  Wellington,  Earl  of 
Clancarty,  Earl  Cathcart,  and  Lord  Stewart;  Portugal  and  Brazil, 
by  the  Comte  de  Palniella,  Antoino  de  Saldanha  de  Oania,  and  Don 
Joachim  Lobo  da  Silveira;  Prussia,  by  the  Prince  de  Hardenberg 
and  Baron  de  Humboldt;  Russia,  by  the  Prince  de  Rasoumoffski. 
Comte  de  Staokelberg,  and  Comte  de  Nesselrodej  and  Sweden  and 
Norway,  by  the  Comte  de  Loevvenhielm. 


THE   PARTITION   OF   POLAND.  23 

whose  interests  were  so  directly  concerned  had  been  in 
some  manner  consulted.  The  main  desire,  however, 
of  the  assembled  representatives  was  to  restore  as  far 
as  possible  the  status  quo  ante,  and  to  give  compensa- 
tions to  the  despoiled  Sovereigns  by  dividing  any 
available  territory  among  them.  By  the  Treaties  con- 
cluded at  Vienna  in  1815,  Malta  was  ceded  to  England, 
and  Genoa  to  Sardinia.  The  Italian  Peninsula  was 
broken  up  into  many  little  States,  more  or  less  under 
the  influence  of  Austria.  A  German  Confederation 
was  formed.  Sweden  and  Norway  were  united,  as 
well  as  Holland  and  Belgium,  each  under  one  sove- 
reignty. The  Swiss  Confederation  was  constituted, 
and  the  partition  of  Poland  was  confirmed,  whilst 
the  territory  of  France  was  reduced  to  its  original 
dimensions. 

The  partition  of  Poland  could  not  well  be  ignored 
by  such  a  Congress,  all  the  more  that  it  had  been 
regarded  as  a  most  flagrant  violation  of  the  sovereignty 
of  States.  Poland  was,  at  all  times,  weak  and  power- 
less. With  a  people  restless  and  turbulent,  and  her 
finances  always  in  disorder,  without  a  middle  class, 
with  a  limited  commerce,  and  with  rulers  ignorant  and 
narrow  minded,  Poland  had  no  element  of  stability 
within  herself,  to  resist  intrigues  and  opposition  from 
within  or  from  without.  The  Diet,  in  which  any 
single  member  had  a  right,  by  his  veto,  to  stop 
and  nullify  its  proceedings,  was  at  the  mercy  of  any 
one   Avho  aimed  at  its  subversion.      It  is   not   clear 


24  INTERNATIONAL   LAW. 

whether  Maria  Theresa  of  Austria,  Catherine  II.  of 
Russia,  or  Frederick  II.  of  Prussia  was  the  first  to 
propose  the  dismemberment  of  Poland;  hut  overtures 
to  this  effect  were  made  in  1770,  and  the  act  wras 
consummated  in  1772  *  by  the  sudden  invasion  of  the 
country  by  the  allied  troops  of  Russia,  Prussia,  and 
Austria.  At  the  Congress  of  Vienna  these  Powers 
came  to  demand  an  official  recognition  of  their  act  of 
spoliation,  and  they  obtained  it  to  the  full.  A  new 
kingdom  of  Poland  was  indeed  established,  guaranteed 
by  Russia,  and  Cracow  was  constituted  a  Republic, 
guaranteed  by  Austria ;  but  in  1832  the  kingdom  of 
Poland  became  an  integral  part  of  the  Russian  Empire, 
and  in  1846  Cracow  was  incorporated  with  Austria. 
At  the  conclusion  of  the  Congress  of  Vienna,  in  Sep- 
tember, 1815,  Austria,  Prussia,  and  Russia  concluded  a 
Holy  Alliance,  by  which  the  three  Sovereigns  under- 
took to  regulate  their  politics  according  to  the  dic- 
tates of  religion.  And  to  that  Treaty,  the  accession 
of  several  other  States  was  afterwards  given.f  The 
Prince  Regent  of  Great  Britain,  however,  refused  to 
accede  to  the  same,  not  so  much   on  account  of  its 

*  The  first  dismemberment  was  made  by  Treaties  between  Austria 
and  Russia;  Prussia  and  Russia.  July  25,  1772;  the  second  dis- 
memberment, by  a  declaration  signed  at  St.  Petersburg,  between 
Austriaand  Russia,  and  by  Treaty  between  Prussia  and  Russia  in  1795. 
t  Among  those  who  acceded  to  the  Holy  Alliance  were  the  King 
of  Saxony  on  May  2,  1817;  Wiirtemburg,  August  17,  181G;  Switzer- 
land, accepted  by  Russia  on  May  7;  and  by  Prussia  on  September 
10,  1817.  The  Hanseatic  towns  acceded  to  it  in  1817;  Sardinia, 
June  8,  1816;  the  Netherlands,  September  26,  1815. 


THE  REVOLUTION  OF  NAPLES.        25 

principles,  as  because  the  Treaty  partook  of  the 
character  of  a  personal  bond  among  the  Sovereigns 
themselves,  whilst  the  British  Constitution  demanded 
that  any  Treaty  should  be  signed  by  a  responsible 
Minister. 

§  3.  From  the  Congress  of  Vienna  to  the 
Present  Time. 

But  such  an  alliance  of  the  three  Sovereigns  did 
not  prevent  a  speedy  outburst  of  popular  indignation 
in  the  States  which  were  suffering  from  the  harsh 
and  despotic  rule  imposed  upon  them.  An  occasion, 
therefore,  soon  came  to  test  the  value  of  the  compact 
for  mutual  defence  implied  by  the  Holy  Alliance.  A 
revolution  having  taken  place  at  Naples  in  1821.  a 
Conference  was  held  at  Laibach,  a  small  town  in 
Austria,  in  which  the  three  Powers  were  represented, 
to  consider  what  steps  could  be  taken  to  suppress  the 
same.  And  a  resolution  was  passed,  establishing  their 
right  of  armed  intervention  in  the  affairs  of  any  neigh- 
bouring States  which  might  be  troubled  by  faction, 
a  resolve  which  virtually  gave  a  mandate  to  Austria  to 
go  and  crush  the  revolution  in  Naples  and  Sicily  in 
support  of  the  Bourbon  ruler.  On  the  other  hand, 
and  in  a  far  different  spirit,  when,  after  years  of  cruel 
oppression,  the  Greeks  rose  up  in  arms  in  1826  to 
shake  off  the  yoke  of  Turkey,  Great  Britain,  Francej 
and  Russia  agreed  upon  a  pacific  intervention  for  the 


26  INTERNATIONAL  LAW. 

purpose  of  stopping  the  effusion  of  blood.  And  the 
result  of  their  interference  was  a  Treaty  concluded  in 
L830,  by  which  the  kingdom  of  Greece  was  created, 
under  the  guarantee  of  the  Powers.  In  that  same  year 
also,  France,  tired  of  the  weak  and  retrograde  Govern- 
ment imposed  upon  her  by  the  Allied  Powers,  rebelled 
against  Charles  X.,  who  represented  the  elder  branch  of 
the  Bourbons,  and  elected  to  the  throne  Louis  Philippe, 
the  head  of  the  younger  branch  of  the  same  House, 
who  ascended  the  throne  with  a  constitutional  charter 
in  his  hands.  Simultaneously  with  the  revolution  in 
France,  Belgium  revolted  against  her  union  with 
Holland,  and  the  kingdom  of  Belgium  was  constituted, 
under  the  guarantee  of  Great  Britain,  Austria,  Prussia, 
and  Russia. 

The  Greek  rebellion  suggests  a  brief  digression 
on  the  arrival  of  the  Turks  in  Europe,  which  became 
in  time  an  important  element  in  European  history. 
Early  in  the  Middle  Ages,  Constantinople  was  still  the 
seat  of  the  practically  defunct  Roman  Empire ;  Greek 
Princes  reigned  in  Epirus ;  Latin  Principates  were 
at  Achaia  and  Morea ;  the  Lusignans  reigned  in 
Cyprus;  the  Venetians  were  masters  at  Candia  and 
Crete  ;  the  House  of  Anjou  possessed  Hungary, 
Sclavonia,  Bosnia,  Dalmatia,  Croatia,  and  Servia ; 
whilst  .Moldavia  and  Wallachia  formed  separate  States. 
The  conquest  of  Constantinople  by   Mohammed,*   in 

*  The  Koran  proclaimed  a  holy  war  in  the  wonls,  "Make  war 
against  those  who  <1"  not  believe  in  Qod.  Fight  with  them,  till  they 
are  converted,  or  till  they  submit  by  paying  tribute"  (Koran,  ix.  2U). 


THE   TREATY   OF   CARLOWITZ.  27 

1453,  produced  great  alarm  and  consternation  among 
neighbouring  States,  and  many  wars  were  waged  to 
arrest  the  progress  of  so  dreaded  an  enemy.  But 
the  Treaty  of  Carlowitz  between  the  Porte,  Austria, 
Poland,  Venice,  and  Russia,  concluded  in  1699, 
stemmed  the  Ottoman  invasion,  and  from  that  time 
a  complete  change  took  place  in  the  relations  of  the 
Turks  with  the  Christians.  Instead  of  being  any 
longer  agitated  by  fear  of  the  Turks,  the  European 
States  were  able  to  consider  how  far  they  would 
tolerate  the  presence  of  the  Turks  in  their  midst.* 

At  one  time,  the  Ottoman  States  thought  it  in- 
competent with  the  principles  of  Islamism  to  conclude 
any  Treaties  with  Christian  Princes.  It  was  only 
an  armistice  or  a  Capitulation  f  that  the}'  were  willing 
to  grant  to  the  Christian    or    the  Infidel.      But    the 

*  Mohammed  took  Constantinople  in  1453,  and  the  rest  of  the  Greek 
Peninsula  in  1461  ;  also  Bosnia  and  Wallachia  in  1463.  Soliman  II. 
took  part  of  Hungary,  Transylvania,  and  Sclavonia,  Moldavia,  and 
Rhode  in  1522.  Salem  II.  conquered  Cyprus  from  the  Venetians  in 
1570.  Mohammed  IV.  conquered  Candia  in  1609.  But  the  treaty  of 
Carlowitz  of  1699  took  from  Turkey  all  Hungary.  That  of  Passa- 
rowitz  took  from  her  Temeswar  and  part  of  Servia.  After  1734  the 
Porte  lost  Bakovina  and  Little  Tartary  ;  from  1809  to  IS12  she  lost 
the  provinces  between  the  Dnieper  and  the  Danube.  In  1S19  Turkey 
lost  the  Ionian  Islands ;  from  1820  to  1830  she  lost  part  of 
Greece  ;  in  1829  part  of  Armenia,  as  well  as  Moldavia,  and  Wallachia, 
and  Servia.  In  1833  she  lost  Algiers.  And  in  recent  years, 
Bulgaria,  Bosnia,  Herzegovina,  Egypt,  and  Cyprus  are  practically, 
if  not  theoretically,  no  longer  under  Turkish  rule. 

t  Capitulations  were  letters  of  privileges  and  immunities  granted 
by  the  Sultan,  first  to  the  French  and  afterwards  to  other  Christian 
Sovereigns,  which  the  Sultan  could  at  any  time  withdraw  or  modify. 


28  INTERNATIONAL   LAW. 

time  came  when  the  Turks  felt  themselves  compelled 
to  relinquish  their  exclusiveness,  and  to  come  to  terms 
with  their  antagonists.  Thus,  by  the  Treaty  of 
Koutschiowii  Kaynardii,  between  Russia  and  the 
Porte,  in  177-i,  Turkey  agreed  to  respect  the  in- 
dependence of  the  Tartars  in  the  Crimea,  to  receive 
a  Russian  Minister,  to  protect  the  Christian  religion 
and  Churches  within  the  Turkish  territory,  to  permit 
the  free  navigation  of  the  Black  and  "White  Seas  to 
Russian  ships,  and  to  recognize  the  title  of  Empress 
of  all  the  Russias.  With  Prussia,  also,  the  Porte 
entered  into  Treaty  obligations  as  early  as  17G1 ;  so 
with  Spain  in  17.S2,  with  Austria  in  1790,  and  with 
Creat  Britain  in  1799.  Nevertheless,  as  late  as  1804 
Turkey  did  not  recognize  any  Law  of  Nations.  She 
did  not  consider  herself  bound  by  the  same  system 
of  public  Laws  on  which  other  Nations  in  Europe 
had  so  long  acted.  And  on  their  side,  the  European 
States  found  in  the  established  customs  of  the  Turks, 
their  arrogance,  and  their  principles  of  government, 
an  effectual  barrier  against  all  common  action  with 
them.  Turkey,  therefore,  was  not  represented  at  the 
Congress  of  Vienna  in  1815,  and  she  was  not  included 
in  the  system  of  public  Law  then  recognized. 

Any  extension  oi'  intercourse  between  Europe  and 
the  Porte  was  further  hindered  by  the  fact  that  the 
Sultan,  as  the  successor  of  the  Kalifate,  deemed  himself 
the  head  of  a  theocratic  Government ;  that  the  Ulemas, 
or    Doctors   of  Ecclesiastical   Law,   held   a   spiritual 


THE   HOLY  PLACES.  29 

authority,  often  stronger  than  that  of  the  civil  rulers ; 
and  that  the  Janissaries,  an  armed  force,  exercised 
their  rights  with  all  the  fervour  of  religious  en- 
thusiasm.  In  1826  the  Sultan  dissolved  the  body  of 
Janissaries,  replaced  it  by  a  regular  army,  and  issued 
an  Hatti  Sheriff  conceding  equal  political  and  re- 
ligious rights  to  all  the  subjects  of  the  Empire, 
without  distinction  of  religion  or  race.  But  any 
expectation  of  effective  and  permanent  reforms  was 
speedily  disappointed.  In  truth,  with  the  Koran  as 
a  political  Code,  with  a  Government  ruling  by  force 
over  conquered  States,  with  finances  in  a  chronic 
state  of  disorder,  with  agriculture  oppressed  by  arbi- 
trary taxation,  and  with  commerce  and  industry 
utterly  paralyzed  from  want  of  capital  and  credit,  to 
say  nothing  of  the  institution  of  polygamy,  so  offen- 
sive to  the  moral  sentiment  of  Europe,  in  what 
manner  could  the  Sultan  expect  effectually  to  remodel 
his  States,  or  to  command  the  respect  and  confidence 
of  other  nations  ? 

Such  was  the  condition  of  Turkey  in  1854,  when 
a  paltry  quarrel  about  the  Holy  Places  in  Jerusalem, 
between  the  Greek  and  Latin  Churches,  respectively 
upheld  by  Russia  and  France,  led  to  a  conflict  in 
which  the  leading  Powers  became  engaged.  The  real 
issues  of  the  war  were,  not  the  respective  claims  of 
the  two  Churches,  but  whether  Russian  or  Franco- 
British  influence  should  preponderate  over  Turkey. 
The  Western  Powers  succeeded  in  the  contest,  and  by 


30  INTERNATIONAL  LAW. 

the  Treaty  of  Paris  of  March  30,  1856,*  for  the  first 
time  in  her  history,  Turkey  was  placed  in  a  position 
of  direct  responsibility  towards  Europe;  the  Sublime 
Porte  having  been  admitted  to  participate  in  the  ad- 
vantages of  her  public  Law  and  System,  on  condition, 
however,  that  the  Sultan  would  endeavour  to  amelio- 
rate the  state  of  his  subjects,  and  would  record  his 
generous  intentions  towards  the  Christian  population 
of  the  Empire.  The  Sultan  agreed  to  communicate 
to  the  contracting  parties  the  Firman  which  he  would 
issue  to  that  effect,  but  on  the  express  understanding 
that  such  communication  should  not  give  to  the 
Powers  any  right  to  interfere,  either  collectively  or 
separately,  in  his  relations  with  his  subjects,  nor  in 
the  internal  administration  of  his  Empire. 

By  the  Treaty  of  1856,  Turkey  accepted  the  pro- 
visions of  the  Congress  of  Vienna  respecting  the 
free  navigation  of  rivers,  and  engaged  to  apply  the 
same  to  the  Danube  and  its  mouths,  the  signatory 
Powers,  including  Turkey,  declaring  that  this  engage- 
ment should  thenceforth  form  part  of  the  public  Law 
of  Europe,  and  that  they  should  take  it  under  their 
guai^antee.  By  a  separate  convention,  the  prohibition 
to  admit  ships  of  war  of  foreign  Princes  within  the 

•  The  signatures  to  the  Treaty  of  Paris  were — for  the  United 
Kingdom,  the  Earl  of  Clarendon  and  Lord  Cowley  ;  for  Austria,  Count 
Bnol-Shauenstein  and  Baron  Hiibner;  for  France,  Count  Walewski 
and  Baron  Bourqueney ;  for  Prussia,  Baron  de  Mantenffel  and 
Comte  de  Hatzteldt ;  for  Russia,  Count  Orloff  and  Baron  de 
Brnnnow  ;  for  Sardinia,  Count  de  Cavour  and  the  Marquis  de  Villa- 
Marina  ;  and  for  Turkey,  Aali  Pasha  and  Mehemmed  Djemil  Bey. 


THE   TREATY   OF   PARIS   OF   1856.  31 

Straits  of  the  Dardanelles  and  the  Bosphorus  was 
confirmed,  and  the  Black  Sea  was  declared  neutral- 
ized, Russia  and  Turkey  engaging  not  to  establish 
or  maintain  upon  its  coast  any  military  maritime 
arsenals,  and  to  limit  the  number  of  war  vessels 
within  the  same.  By  a  Tripartite  Treaty,  moreover, 
England,  France,  and  Austria  bound  themselves  to 
guarantee,  jointly  and  severally,  the  independence  and 
integrity  of  the  Ottoman  Empire,  any  infraction  of 
the  stipulation  of  the  Treaty  to  be  considered  by  the 
signatory  Powers  as  casus  belli. 

More  important,  however,  than  any  dealing  with 
the  maladministration  of  the  Sultan,  and  the  checking 
of  Russian  extension  southward,  were  certain  valuable 
principles  which  were  put  forth  by  the  representatives 
of  the  leading  European  Powers  in  Congress  assembled. 
By  Article  VIII.  of  the  Treaty  of  Peace,  it  was  laid 
down  that  "  if  there  should  arise  between  the  Sublime 
Porte  and  one  or  more  of  the  signing  Powers,  any 
misunderstanding  which  might  endanger  the  main- 
tenance of  their  relations,  the  Sublime  Porte  and  each 
of  such  Powers,  before  having  recourse  to  the  use  of 
force,  shall  afford  the  other  Contracting  Parties  the 
opportunity  of  preventing  such  an  extremity  by  means 
of  their  mediation."  A  wish  was  further  expressed 
in  a  Protocol  of  the  Congress,  "  that  States  between 
which  any  serious  misunderstanding  may  arise  should, 
before  appealing  to  arms,  have  recourse,  as  far  as 
circumstances  might  allow,  to  the  good  offices  of  a 


32  INTERNATIONAL   LAW. 

friendly  Power."  And  by  a  declaration  on  Inter- 
national Maritime  Law,  signed  by  the  Ministers  of  all 
the  Powers  represented  at  the  Congress,  and  adhered 
to  by  many  other  States,  the  important  principles 
were  established :  (1)  that  Privateering  is  and  re- 
mains abolished  :  (2)  that  the  neutral  flag  shall  cover 
enemy's  goods,  with  the  exception  of  contraband  of 
war ;  (3)  that  neutral  goods,  with  the  exception  of 
contraband  of  war,  shall  not  be  liable  to  capture 
under  enemy's  flag ;  and  (4)  that  blockades,  in  order 
to  be  binding,  must  be  effective — that  is  to  say,  main- 
tained by  a  force  sufficient  really  to  prevent  access  to 
the  coast  of  the  enemy. 

Scarcely  had  the  peace  of  Europe  been  re-estab- 
lished, when  an  event  of  far-reaching  importance 
turned  public  attention  to  several  Asiatic  States. 
The  commercial  relations  between  the  United  Kingdom 
and  China  were  carried  on  for  a  considerable  time 
through  the  East  India  Company,  by  Agents  who 
traded  in  China,  not  in  the  open  market,  but  with  the 
Co-hong  Merchants  licensed  for  that  purpose.  Two 
attempts  were  made — by  Earl  Macartney  in  1794,  and 
by  Lord  Amherst  in  1S0G — to  enter  into  direct  com- 
munication with  the  Chinese  Government,  but  they 
did  not  succeed.  In  1833  the  monopoly  of  the  East 
India  Company  being  ended,  a  Resident  Commissioner 
or  Superintendent  of  Trade  was  established  at  Canton. 
But  difficulties  arose,  in  consequence  of  the  smuggling 
of  opium   into  China  by  or  with  the  connivance  of 


BRITISH   RELATIONS   WITH   CHINA.  33 

British  traders  from  India,  notwithstanding  repeated 
proclamations  by  the  Chinese  Government  against 
the  same,  which  ended  in  war.  By  the  Treaty  of 
Nan-king  of  August  29,  1842,  the  adamantine  walls 
which  separated  the  Celestial  Empire  from  the  rest 
of  the  world  were  at  last  removed,  and  hopes  were 
entertained  that  a  better  accord  might  thenceforth 
exist  between  the  two  Powers.  But  not  many  years 
after  a  quarrel  arose  respecting  the  opening  of  the 
Treaty  ports,  and  the  freedom  and  security  of  Christian 
missions,  which  caused  another  China  war,  in  which 
France  took  part.  By  the  Treaty  of  Tien-sing  of 
June  26,  1858,  all  causes  of  contention  were  removed, 
and,  as  a  pledge  of  more  friendly  and  permanent 
relations  between  China  and  the  Western  Powers, 
provisions  were  made  for  the  mutual  maintenance 
of  Embassies  both  at  Peking  and  other  capitals.  Nor 
was  the  extension  of  political  relations  in  the  East 
allowed  to  be  confined  to  China,  for  the  Earl  of  Elgin, 
who  conducted  the  negotiations  with  that  country, 
proceeded  forthwith  to  Japan,  on  an  errand  of  peace. 
Already,  in  1855,  a  Convention  had  been  concluded  by 
Sir  James  Sterling  at  Nagasaki,  for  reoailatincr  the 
admission  of  British  ships  in  the  ports  of  Japan ;  but 
the  Earl  of  Elgin,  by  the  Treaty  of  Yeddo,  dated  August, 
1858,  removed  all  obstacles  in  the  way  of  regular 
relations  between  England  and  Japan,  and  provided 
for  the  maintenance  of  permanent  Embassies  in  each 
other's  kingdom. 


34:  INTERNATIONAL   LAW. 

Turning  our  attention  from  Asia  to  America,  it 
was  not  without  the  deepest  concern  that,  towards  the 
end  of  1860,  Europe  witnessed  a  serious  insurrection 
in  the  United  States — the  Northern  and  Southern 
States  being  arrayed  against  each  other,  as  in  actual 
war.  The  insurrection  ended  with  a  restoration  of 
the  Union.  But  many  were  the  questions  of  Inter- 
national Law  thereby  raised.  The  rebel  States  had 
formed  themselves  into  a  Confederation,  representing 
a  population  of  over  8,000,000,  had  established  a 
Civil  Government,  had  an  army  and  were  about 
constructing  a  navy.  Was  the  Confederation  a  State 
capable  of  waging  war  with  the  United  States,  or 
were  they  only  a  people  in  rebellion  ?  Did  the  fact 
of  the  two  contending  parties  being  practically,  if 
not  admittedly,  at  war,  and  the  establishment  of  a 
blockade  by  the  United  States  of  the  ports  of  the 
Confederate  States,  justify  England  and  other  States 
in  granting  belligerent  rights  to  both  sides  ?  A  British 
mail  ship,  having  on  board  two  diplomatic  Agents  of 
the  Confederate  States,  on  their  way  to  Europe,  was 
stopped  by  a  United  States  cruiser,  and  the  Agents 
were  seized  from  the  ship.  Were  they  contraband  of 
war  ?  Is  a  mail  ship  a  public  ship  ?  To  what  extent 
is  the  Government  of  a  neutral  State  responsible  for 
the  sale  or  fitting  out  of  war  vessels  for  either  bellier- 
erent  by  its  subjects,  after  having  cautioned  them  and 
taken  care  to  execute  the  Laws  in  force  relating 
thereto  ?     The  United  States  were  at  issue  with  the 


THE   FRANCO-GERMAN   WAR   OF   1870.  35 

United  Kingdom  on  these  and  other  difficult  points 
which  had  arisen  during  the  insurrection,  and  made 
heavy  claims  of  compensation  for  losses  alleged  to 
have  resulted  to  them  from  the  neglect  of  duty  on  the 
part  of  Great  Britain.  But,  happily,  all  these  claims, 
under  the  name  of  the  Alabama  case,  were  referred  for 
arbitration  to  a  special  tribunal,  and  amicably  settled. 
Returning  again  to  events  in  Europe,  we  find 
France  in  1848  changed  from  a  Constitutional 
Monarchy  into  a  Republic,  and  in  1852  from  a  Re- 
public into  an  Empire.  We  find  the  Italian  States, 
bent  upon  securing  their  independence,  rallying  round 
the  constitutional  State  of  Sardinia,  and  in  1859,  with 
the  aid  of  France,  rescuing  from  Austria  the  Lombardo- 
Veneto  provinces.  After  years  of  dissension,  Hungary 
obtained  an  autonomous  position  from  Austria,  while 
Prussia  became  potent  in  North  Germany.  But  the 
taking  of  the  Schleswig-Holstein  Duchies  from  the 
Crown  of  Denmark  and  their  annexation  to  Germany 
aroused  the  jealousy  of  Austria,  and  so  Prussia  and 
Austria  waged  war  with  one  another.  By  the  Treaty  of 
Prague  of  1866,  Austria  relinquished  Venice  in  favour 
of  Italy,  and  Victor  Emanuel  was  able  to  assume  the 
title  of  "  King  of  Italy."  Yet  once  more  the  clatter 
of  arms  resounded  in  Europe.  Jealous  and  wishing  to 
arrest  the  extension  of  Prussian  power,  France,  in  1870, 
opened  a  conflict  which  aroused  an  intense  national 
feeling  under  a  sense  of  danger,  but  with  the  complete 
success  of  German  arms,  a  new  German  Empire  was 


30  INTERNATIONAL  LAW. 

constituted  in  the  great  Hall  of  the  Palace  of  Versailles, 
and  France  lost  Alsace  and  Lorraine.  With  the  fall 
of  the  Empire  France  became  once  more  a  Republic. 

In  the  weakness  of  France,  one  of  the  parties  to 
the  Treaty  of  Paris  of  1856,  Russia,  saw  a  favourable 
opportunity  for  asking  to  be  released  from  the  obliga- 
tion she  had  then  contracted  of  maintaining  on  the 
Black  Sea  only  a  limited  number  of  war  ships,  and 
by  her  desire  a  Conference  on  the  subject  was  held  in 
London  in  1871,  when  Russia,  with  the  consent  of  all 
the  Powers,  and  by  the  Trea  y  of  May  18,  1871,  was 
freed  from  her  engagement.  But  again  the  condition 
of  Turkey  threatened  the  peace  of  Europe,  the  ac- 
counts of  the  sufferings  of  the  Christians  in  Bulgaria 
and  Bosnia  having  excited  the  strongest  sympathies 
In  vain  the  European  Powers  appealed  to  the  Sultan 
in  favour  of  the  Christian  population  in  those  States, 
and  as  the  Conferences  held  on  the  subject  proved 
fruitless,  Russia  made  herself  the  champion  of  her 
co-religionists,  and  defeated  the  Turkish  forces.  The 
Russo-Tinkisli  war  ended  by  the  Treaty  of  San 
Stefano.  But  a  Congress  assembled  in  Berlin,  and  by 
the  Treaty  of  July  13, 1878,*  Bulgaria  was  constituted 

*  The  signatories  to  the  Treaty  of  Berlin  were — for  the  United 
Kingdom,  the  Earl  of  Beaconsficld,  fche  Marquis  of  Salisbury,  and 
I, i. id  Odo  Russell;  for  Germany,  Prince  Bismarck,  15.  de  Billow, 
and  Priuee  Hohenlohe  Schillinprsfurst ;  for  Austria,  Count  Andrassi, 
Count  Carolyi,  and  Baron  de  Eaimerlej  for  France,  M.  Waddington, 
Count  de  Saint  Vallier,  ami  M.  Desprez ;  for  Italy,  Count  Corte 
and  Count  de  Launay ;  for  Kussia,  Prince  Cortchakow,  Count  de 
Schouvaloff,  and  Paul  d'Oubril  ;  for  Turkey,  Caratheodory  Pasha, 
Mehemed  Ali  Pasha,  and  Sadoullah  Bey. 


PROGRESS    OF   INTERNATIONAL    RELATIONS.      37 

an  autonomous  and  tributary  Principality,  Montenegro 
was  declared  free,  and  Servia  and  Roumania  were  made 
independent.  But  something  more  was  done  previous 
to  this,  for  by  a  separate  convention  of  defensive 
alliance  between  Great  Britain  and  Turkey,  signed 
June  4,  1878,  Great  Britain  engaged  to  defend  the 
territories  of  the  Sultan  in  Asia,  on  his  promise  to 
introduce  necessary  reforms  therein.  And  the  Sultan 
consented  to  assign  the  island  of  Cyprus  to  be  occu- 
pied and  administered  by  England.  Still  later  events 
in  Egypt  and  Bulgaria  are  keeping  the  eyes  of  Europe 
with  great  tension  directed  to  the  fortunes  of  the 
Turkish  Empire,  and  we  are  witnessing  the  gradual 
surrender  by  the  once-dreaded  Mussulman  Power  of 
many  portions  of  her  European  territory. 

Brief  as  is  the  survey  thus  made,  it  exhibits  a 
considerable  progress  in  international  relations.  Not 
only  is  there  a  large  increase  in  the  number  of  re- 
cognized States,  but  a  higher  conception  is  being 
formed  of  the  rights  and  duties  which  bind  them 
one  to  another.  There  is  a  closer  relation  between 
the  different  Governments  by  means  of  permanent 
embassies  and  consulates,  and  there  is  more  com- 
mingling of  their  peoples  by  the  increase  of  trade  and 
communication.  Everywhere  there  is  an  earnest 
desire  to  improve  the  condition  of  the  masses  of  the 
people  and  to  extend  and  develop  the  resources  of 
States. 


428041 


38  INTERNATIONAL   LAW. 


CHAPTER  III. 

the  political  condition  of  states. 

Europe. 
Austr  ia-Hungary. 

Area.  Population, 
Eng.  sq.  miles.  1880. 

Austria  116,000         22,144,000 

Hungary  124,000        15,338,000 

240,000  37,482,000 

Bosnia  and  Herzegovina  1,970         1,336,000 


241,970  38,818,000 

Austria-Hungary  is  a  Constitutional  Monarchy. 
By  a  diploma  of  October  20,  I860,  and  a  patent  of 
February  26,  1801,  the  Constitutions  previously  in 
force  in  Hungary,  Croatia,  Slavonia,  and  Transylvania 
were  restored,  and  a  fundamental  Law  was  passed  for 
the  establishment  of  the  Reischrath  or  Imperial 
Council.  In  18GG  Hungary  was  allowed  self-govern- 
ment by  a  responsible  Ministry,  with  a  delegation  for 
the  transaction  of  the  joint  business  of  the  two  halves 
of  the  Empire.  On  November  14,  18G8,  the  name  of 
Austria-Hungary  was  adopted. 

The  frontiers  between  Austria  and  Itaty  were 
settled  or  affected  by  the  Treaty  between  Austria, 
France,  and  Sardinia  of  June  1G,  1860,  by  the  Treaty 


AUSTRIA-HUNGARY  AND  BELGIUM.  39 

between  Austria  and  Prussia  of  August  27,  1866,  and 
by  the  Treaty  between  Austria  and  Italy  of  December 
7,  1871. 

Austria  is  party  to  the  Treaty  for  the  separation 
of  Holland  and  Belgium  of  April  19,  1839;  the 
•  pacification  of  the  Levant  of  July  15,  1840 ;  the 
navigation  of  the  Dardanelles  and  Bosphorus  of  July 
15,  1840 ;  the  succession  to  the  Crown  of  Denmark 
of  March  8,  1852  ;  for  guaranteeing  the  integrity 
and  independence  of  the  Ottoman  Empire  of  April 
15,  1856 ;  the  pacification  of  Syria  of  September 
5,  1850;  the  navigation  of  the  Black  Sea  and 
Danube,  March  13,  1871;  the  Berlin  Treaty  for  the 
Affairs  of  the  East  of  July  13,  1878;  the  Navigation 
•of  the  Danube  of  March  10,  1883 ;  and  the  Act  for 
the  freedom  of  trade  in  the  States  of  the  Cono-o  of 
February  26,  1885. 

Belgium. 

-Area.  Population, 

Eng.  sq.  miles.  Dec,  1885. 

11,370  5,853,000 

Belgium  is  a  Constitutional  Monarchy.  By  the 
Treaty  of  London  of  November  15,  1831,  between 
Austria,  Belgium,  England,  France,  and  Russia, 
Belgium,  within  the  limits  thereby  fixed,  was  con- 
stituted an  independent  and  perpetually  neutral 
State,  and  bound  to  observe  this  neutrality  with 
regard  to  other  States.  The  territory  was  made 
to  comprise  the  provinces  of  South  Brabant,  Liege, 
Namur,    Hainault,   West    Flanders,    East    Flanders, 


40  INTERNATIONAL   LAW. 

Antwerp,  and  Limbourg,  and  some  part  of  the  Grand 
Duchy  of  Luxembourg.  By  another  Treaty,  signed 
at  London  April  19,  1839,  between  the  same  States, 
and  including  the  Netherlands,  the  Union  which 
existed  between  Holland  and  Belgium  in  virtue  of 
the  Treaty  of  Vienna  of  May  31,  1815,  was  acknow- 
ledged by  the  King  of  the  Netherlands  as  dissolved. 
It  was  again  specified  that  Belgium,  separated  from 
Holland  and  formed  into  an  independent  State  under 
the  auspices  of  the  Courts  of  Great  Britain,  Austria, 
France,  Prussia,  and  Russia,  should,  within  the  limits 
specified  in  the  Treaty,  be  an  independent  and  per- 
petually neutral  State,  and  made  bound  to  observe 
such  neutrality  towards  all  other  States.  By  a  Treaty 
between  Great  Britain,  Austria,  Belgium,  France, 
Italy,  the  Netherlands,  Prussia,  and  Russia,  signed  at 
London  May  11,  18G7,  the  Grand  Duchy  of  Luxem- 
bourg was  declared  to  be  neutralized,  the  high  con- 
tracting parties  engaging  to  respect  the  principle  of 
neutrality  so  stipulated.  That  principle  was  placed 
under  the  sanction  of  the  collective  guarantee  of  the 
Powers  signing  parties  to  the  Treaty,  with  the 
exception  of  Belgium,  itself  a  neutral  State.  By  a 
Treaty  between  Great  Britain  and  Russia,  signed  in 
London  August  9, 1870,  Prussia  engaged  to  respect  the 
neutrality  of  Belgium  during  her  hostilities  with 
France,  so  long  as  the  same  should  be  respected  by 
France.  A  Treaty  to  the  same  effect,  and  of  the  same 
•  late,  was  also  concluded  between  Great  Britain  and 


BELGIUM   AND   DENMARK.  41 

France,  Great  Britain  agreeing  to  co-operate  with 
either  Power  against  the  other,  in  order  to  insure  the 
observance  of  such  obligation. 

In  February,  1881,  the  International  Association  of 
the  Congo  was  founded  by  the  King  of  the  Belgians,* 
for  the  purpose  of  promoting  the  civilization  and 
commerce  of  Africa,  and  for  other  humane  and  be- 
nevolent purposes.  Belgium  is  a  party  to  the  General 
Act  of  the  Conference  of  Berlin,  signed  February  26, 
1885,  for  the  purpose  of  regulating  the  conditions 
most  favourable  to  the  development  of  trade  and 
navigation  in  certain  regions  of  Africa,  and  for 
securing  to  all  nations  the  advantages  of  free  navi- 
gation on  the  two  chief  rivers  of  Africa. 


Denmark. 

Denmark 

••• 

Area. 
Eng.  sq  miles. 
...        14,784 

Population, 

1880. 

1,969,000 

Possessions 

•«• 

...       75,106 

127,000 

89,890  2,006,000 

Denmark,    a    Constitutional    Monarchy,    once    a 
Kingdom  of  considerable  extent,  now  comprises  the 

*  On  September  12,  1876,  a  Conference  was  held  at  the  Royal 
Palace  at  Brussels,  on  the  exploration  and  civilization  of  Africa,  and 
in  1877  an  African  Exploration  Fund  was  established.  The  Comite 
d'Etudes  was  afterwards  expanded  into  the  "Association  Inter- 
nationale du  Congo."     By  a  decision  of  the  Chamber  of  Bepresen- 

28 
tatives  and  Senate  of  Belgium,  dated  —  April,  1885,  the  King  of 

the  Belgians  was  authorized  to  be  the  chief  of  the  State  so  founded, 
the  union  between  Belgium  and  the  new  State  of  the  Congo  beiug 
exclusively  personal. 


42  INTER  NATIONAL   LAW. 

Peninsula  of  Jutland  on  the  European  Continent, 
and  a  group  of  Islands  in  the  Baltic.  Norway,  which 
had  belonged  to  the  Crown  of  Denmark  since  1587, 
was  ceded  to  Sweden  in  1814.  By  the  Treaties  of 
August  1  and  October  30,  18G4,  Denmark  renounced 
all  claims  to  Lauenburg,  Holstein,  and  Schleswig. 
These  were  incorporated  with  Prussia,  and  now  they 
form  part  of  the  German  Empire. 

France. 

Area.  Population, 

Eng.  sq.  miles.  1881. 

Franco 204,000  37,672,000 

Possessions     1,125,000  27,723,000 


1,329,000  65,395,000 

France,  after  having  been  for  a  considerable  time 
a  Kingdom  under  the  elder  branch  of  the  Bourbon 
family,  was  declared  a  Republic  on  September  21, 
1792.  On  May  18,  1804,  Napoleon  I.  was,  by  a 
Senatus-Consulte,  proclaimed  Emperor  of  the  French, 
and  France  continued  an  Empire  till  the  peace  of 
1814.  At  the  Restoration  in  1815,  after  the  Congress 
of  Vienna,  Louis  XVIII.,  heir  of  the  House  of 
Bourbon,  became  King  of  France,  and  he  was  suc- 
ceeded in  1824  by  Charles  X.  But  on  August  3, 
L830,  after  the  revolution  of  July,  Louis  Philippe,  the 
representative  of  the  younger  branch  of  the  Bourbon 
family,  was  elected  King  of  the  French.  In  February, 
1848,  another  revolution  occurred,  and  once  more 
France   was    declared    a    Republic,    Louis   Napoleon 


FRANCE   AND    GERMANY.  43 

being  chosen  as  President.  On  December  2,  1852, 
Louis  Napoleon  restored  the  Empire,  and  this  lasted 
till  September  4,  1870,  when  again  France  was  de- 
clared a  Republic.  In  1830  Algiers  became  a  French 
Colony.  The  frontiers  between  France  and  Germany 
were  settled  by  the  Treaty  of  September  14,  1871, 
and  between  France  and  Italy  by  the  Treaty  of 
February,  1S60,  upon  the  incorporation  of  Savoy 
and  Nice  with  France.  France  is  party  to  the  Treaty 
for  the  Separation  of  Holland  and  Belgium  of  April 
19,  1839;  the  navigation  of  the  Dardanelles  and 
Bosphorus,  July  13,  1841 ;  the  succession  to  the 
Crown  of  Denmark,  May  8,  1852  ;  the  succession  to 
the  Throne  of  Greece,  November  20,  1852 ;  the 
Treaty  of  Peace  with  Russia  of  March  30,  1856 ; 
the  pacification  of  Syria  of  September  5,  1860;  the 
neutralization  of  the  Grand  Duchy  of  Luxembourg  of 
May  11,  1867;  the  revision  of  Stipulations  on  the 
Navigation  of  the  Black  Sea  and  Danube  of  March 
8,  1821 ;  the  Berlin  Treaty  on  the  Affairs  of  the  East 
of  1878;  the  Navigation  of  the  Danube,  March  10, 
1883 ;  and  the  Act  on  the  Congo  of  February  26, 1885. 

Germany. 


Area. 

Population, 

Eng  sq.  miles. 

December  1,  1865, 

208,670 

46,844,926 

The  following  territories  are  under  the  protection  of  Germany,  but 
no  information  exists  of  their  exact  area  and  population,  viz. : 

The  territory  of  Togo  on  the  coast  of  Africa,  with  the  ports  of 
Lomi  and  Bagidah. 


44  INTERNATIONAL   LAW. 

(iuiaea  New,  by  the  right  of  the  river  Roy,  near  Old  Calabai 

and  Cross  rivers. 
On  the  West  Coast  of  Afriea  ( lape  Frio  and  <  'range  River. 
The  territory  of  the  Negro  Chiefs  ol  Dsagara,  Ngouran,  Onsegonha, 

and  Onkami. 
On  the  Ocean  the  Land  of  Emperor  William,  New  Guinea. 

The  Congress  of  Vienna  of  1815  formed  the 
"  German  Confederation,"  which  included  the  Sove- 
reign Princes  and  the  Free  Towns  of  Germany, 
the  Emperor  of  Austria,  the  King  of  Prussia,  the 
King  of  Denmark  for  the  Duchy  of  Holstein,  and 
the  King  of  the  Netherlands  for  the  Grand  Duchy 
of  Luxembourg.  The  federative  Diet  was  to  be  pre- 
sided over  by  Austria;  it  was  to  sit  at  Frankfort-on- 
Main,  and  the  votes  were  distributed  according  to 
the  relative  influence  of  the  various  Members.  On 
February  14,  18G7,  the  North  German  Confederation 
was  constituted,  under  the  presidency  of  the  King 
of  Prussia;  and  on  January  18,  1870,  the  King  of 
Prussia  was  proclaimed  Emperor  of  Germany.  On 
April  1G,  1871,  by  an  alliance  between  the  King  of 
Prussia,  in  the  name  of  the  North  German  Confede- 
ration, the  King  of  Bavaria,  the  King  of  Wiirtemburg, 
the  Grand  Duke  of  Baden,  and  the  Grand  Duke  of 
Hesse,  the  German  Empire  was  formed ;  and  by  this 
Act  Germany  has  succeeded  to  all  the  rights  and 
obligations  of  Prussia  and  other  German  States. 

The  frontiers  I  >• 'tween  France  and  Germany  were 
settled  by  the  Treaties  of  September  14,  1871,  and 
March  20,  1872,  and  by  them  Alsace  and  Lorraine, 


GEEAT   BEITAIN   AND   IEELAND.  45 

which  had  been  possessed  by  France  since  1713,  were 
restored  to  Germany.  In  consequence  of  the  pro- 
tectorate assumed  by  Germany  over  portions  of  the 
African  coasts,  an  arrangement  was  entered  into 
between  Great  Britain  and  Germany  relative  to  their 
respective  sphere  of  action  in  those  territories  in  June, 
1885  ;  also  as  regards  the  Gulf  of  Guinea  in  September, 
1886;  and  respecting  the  Western  Regions  in  the. 
Western  Pacific  on  April  6,  1880. 

Great  Britain  and  Ireland. 


United  Kingdom     ... 

Area. 
Eng.  sq.  miles. 
121,483 

Population, 

1881. 

35,241,000 

India  and  Ceylon    ... 

935,777 

204,070,000 

Dominion  of  Canada 

...     3,406.542 

4,325,000 

Australasia  ... 

...     3,083,410 

3,402,000 

Other  Colonies 

...     1,428,138 

62,494,000 

8,975,380 

310,192,000 

The  United  Kingdom  of  Great  Britain  and  Ireland 
is  formed  by  the  Treaty  of  Union  between  England 
and  Scotland  of  May  1,  1707,  and  by  the  Union  of 
Great  Britain  with  Ireland  on  January  1,  1801.  The 
succession  of  the  British  Crown  was  settled  by  the 
12  and  13  Will.  III.  c.  2  to  the  Princess  Sophia  of 
Hanover  and  the  heirs  of  her  body  being  Protestants. 
The  British  Colonies  are  of  three  classes :  1st,  Crown 
Colonies,  in  which  the  Crown  has  the  entire  control 
of  legislation,  the  administration  being  carried  on  by 
public  officers,  under  the  control  of  the  Home  Govern- 
ment; 2nd,  Colonies  possessing  representative  Insti- 
tutions, but   not   responsible   Government,  in  which 


46  INTERNATIONAL   LAW. 

the  Crown  has  no  more  than  a  veto  on  Legislation, 
the  Home  Government  retaining  the  control  of  public 
officers ;  and  3rd,  Colonies  possessing  representative 
institutions  and  responsible  Government,  in  which 
the  Crown  has  only  a  veto  on  legislation,  and  the 
Home  Government  has  no  control  over  any  officer 
except  the  Governor.  The  Government  of  India  was 
transferred  by  the  East  India  Company  to  the  Crown 
in  1858,  by  the  21  and  22  Vict.  c.  106. 

Great  Britain  is  party  to  the  Treaties  for  the 
separation  of  Holland  and  Belgium,  April  19,  1839 ; 
the  Pacification  of  the  Levant,  July  15,  1840;  the 
closing  of  the  Dardanelles  and  Bosphorus,  July  13, 
1841 ;  the  succession  to  the  Crown  of  Denmark,  May 
8,  1852 ;  the  succession  to  the  throne  of  Greece, 
November  20,  1852 ;  the  Treaty  of  Peace  of  March 
30,  1856 ;  the  integrity  and  independence  of  the 
Ottoman  Empire  of  April  15,  1856;  the  pacification 
of  Syria  of  September  5,  1860;  the  neutralization  of 
Luxembourg  of  March  11,  1867;  the  independence  and 
Neutrality  of  Belgium  of  April  9,  1870;  the  revision 
of  the  Treaty  of  Peace  of  March  13,  1871 ;  the  Berlin 
Treaty  of  July  13,  1878;  the  Treaty  for  the  Naviga- 
tion of  the  Danube  of  March  10,  1883 ;  and  the 
Treaties  respecting  the  Congo  of  1885. 


GREECE.  47 


Greece. 


ATea.  Population, 

Enc.  so.  miles.  1879. 

24,969  1,979,561 

In  1821,  a  revolution  having  occurred  at  Patras,  a 
meeting  was  held  at  Argos  to  organize  a  provisional 
Government,  and  on  January  27,  1822,  at  a  Congress 
assembled  at  Pirreus,  the  independence  of  the  Greek 
nation  was  formally  declared.  On  July  6,  1827, 
France,  Great  Britain,  and  Russia  signed  a  Treaty 
for  the  pacification  of  Greece,  but  the  same  having 
left  Greece  under  the  suzerainty  of  Turkey,  it  failed 
to  satisfy  the  desire  of  the  people.  In  1832,  by  a 
Convention,  dated  May  7,  between  France,  Great 
Britain,  Russia,  and  Bavaria,  Greece,  under  the 
o-uarantee  of  the  three  Courts  of  Great  Britain, 
France,  and  Russia,  was  constituted  into  a  mon- 
archical and  independent  State.  By  the  Treaty  of 
November  14,  1863,  between  France,  Great  Britain, 
and  Russia  on  the  one  part,  and  the  King  of  the 
Hellenes  on  the  other  part,  the  Ionian  Islands,  which 
by  the  Congress  of  Vienna  were  placed  under  the 
protection  of  the  United  Kingdom,  were  united  with 
the  Hellenic  Kingdom.  And  by  the  Treaty  of  May 
24,  1881,  the  territory  of  Greece  was  further  enlarged, 
and  the  frontiers  between  Greece  and  Turkey  newly 
settled. 


48  INTERNATIONAL   LAW. 


Holland. 

Area.  Popnlntion, 

Eiifr.  sq.  milos.  Dec.  31,  lsxs. 

Holland         12,137  4,336,000 

Possessions 50,952  20,630,000 


63,089  24,966,000 

By  the  Treaty  of  Vienna  of  June  9,  1815,  the 
ancient  United  Provinces  of  the  Netherlands  and 
the  theretofore  Belgian  Provinces  were  united  under 
the  sovereignty  of  the  Prince  of  Orange-Nassau.  A 
revolution  having  taken  place  in  Brussels  in  1830, 
Austria,  France,  Great  Britain,  Prussia,  and  Russia, 
on  November  15,  1831,  entered  into  a  convention  for 
the  constitution  of  a  separate  kingdom  of  the  Belgian 
territory.  And  by  the  Treaty  of  April  19,  1839, 
between  Austria,  France,  Great  Britain,  Prussia,  and 
Russia  on  the  one  part,  and  the  Netherlands  on  the 
other,  the  separation  of  Belgium  was  completed,  and 
the  Grand  Duchy  of  Luxembourg  united  to  Belgium. 
The  fundamental  Law  of  the  Netherlands  was 
promulgated  November  3,  1848.  Holland  possesses 
Colonies  in  Java  and  Madura  in  the  East  Indies, 
Sumatra,  Celebes,  parts  of  Borneo  and  New  Guinea, 
and  Surinam  and  Curacao  in  the  West  Indies. 


RELATIONS   BETWEEN   ITALY    AND    THE    POPE,    49 

Italy. 

Area.  Population, 

Eng.  sq.  miles.  Dec.  31,  1885. 

114,380  29,699,785 

Some  possessions  on  the  coast  of  the  Red  Sea. 

The  formation  of  the  Kingdom  of  Italy  was  pro- 
mulgated on  March  17,  1861,  when  the  constitution  of 
Sardinia  of  March  4,  184-8,  was  extended  to  the  whole 
country.  By  the  Treaty  of  June  10,  1860,  between 
Austria,  France,  and  Sardinia,  Lombardy  was  incor- 
porated with  the  kingdom.  By  the  Treaty  of  Prague 
of  August  27  and  October  3,  1866,  between  Austria 
and  Prussia,  Venetia  was  ceded  by  Austria  to  Prussia, 
and  by  her  to  Italy.  And  in  1870,  on  the  departure 
of  the  French  army  of  occupation,  Italy  took  pos- 
session of  Rome,  and  constituted  it  the  capital  of 
the  Kingdom. 

By  a  Law  passed  on  May  13,  1871,  signed  by 
Victor  Emmanuel,  King  of  Italy,  and  all  his  Ministers, 
the  relations  between  the  Pope  and  the  Italian  Govern- 
ment were  settled  as  follows : — 

1.  The  person  of  the  Sovereign  Pontiff  is  sacred 
and  inviolable. 

2.  An  attempt  against  the  person  of  the  Sovereign 
Pontiff  is  to  be  punished  in  the  same  manner  as  an 
attempt  against  the  person  of  the  King. 

3.  The  discussion  on  religious  subjects  is  free. 

4.  The  Italian  Government  renders  to  the  Sovereign 
Pontiff  in  the  territory  of  the  Kingdom  sovereign 
honours. 


50  INTERNATIONAL   LAW. 

5.  A  dotation  is  settled  in  favour  of  the  Holy 
See  of  the  amount  of  3,225,000  lires  in  rentes  annuelles 
free  of  taxes. 

6.  The  Sovereign  Pontiff  will  enjoy  the  Apostolic 
Palaces  of  the  Vatican  and  Lateran,  such  Palaces, 
Villas,  Museums,  Libraries,  Art  collections,  etc.,  being 
inalienable. 

7.  The  Sovereign  Pontiff  is  free  to  fulfil  all  his 
functions. 

8.  The  Envoyes  of  foreign  Governments  to  His 
Holiness  will  enjoy  all  the  prerogatives  and  immuni- 
ties which  belong  to  diplomatic  Agents,  according  to 
International  Law. 

9.  The  Sovereign  Pontiff  corresponds  freely  with 
the  Episcopate  in  the  whole  Catholic  World. 

10.  In  matters  spiritual  and  disciplinary  no  com- 
plaint or  appeal  is  admitted  against  the  acts  of  the 
Ecclesiastical  Authorities,  but  no  executive  force  is 
given  to  such  acts.  Such  acts  have  no  effect  if  they 
are  contrary  to  the  Law  of  the  State  or  public  order, 
or  if  they  do  wrong  to  the  rights  of  private  persons, 
and  they  are  subject  to  the  Penal  Law  if  they  consti- 
tute a  crime. 

Italy  has  succeeded  to  all  the  rights  and  obliga- 
tions of  the  former  Kings  and  Princes  of  the  Italian 
States.  She  is  party  to  the  Treaty  for  the  neutraliza- 
tion of  the  Grand  Duchy  of  Luxembourg  of  March  11, 
1847  ;  the  revision  of  certain  stipulations  of  the  Treaty 
of  March  30, 1856,  by  the  Treaty  of  May  13, 1871 ;  the 


PORTUGAL    AND    ROUMANIA.  51 

Berlin  Treaty  of  July  13,  1878 ;  the  Treaty  for  the 
Navigation  of  the  Danube  of  March  10,  1883;  and 
the  Act  for  the  Trade  of  the  Congo  of  1885. 

Portugal. 


Portugal        ... 
Possessions   ... 

Area. 

Eng.  sq.  miles. 

...      704,450 

Population, 

1S81. 
4,708,000 
4,984,000 

739,991  9,692,000 

The  fundamental  Law  of  Portugal  is  the  Carta  de 
Ley,  granted  in  1826  by  Dom  Pedro  IV.,  and  revised  by 
the  Cortes  in  1852.  By  a  Treaty  signed  at  Lisbon 
May  16,  1703,  Great  Britain  and  Holland  agreed  to 
defend  Portugal  against  Spain  and  France,  should 
either  of  them,  or  both  together,  make  war  against 
her. 

Roumania. 

Area.  Estimated 

Eng.  sq.  miles.  population. 

50.159  5,57(3,000 

By  the  Treaty  of  Paris  of  1856,  the  Principalities 
of  Moldavia  and  Wallachia  were  placed  under  the 
collective  guarantee  of  the  contracting  Powers,  whilst 
remaining  under  the  suzerainty  of  the  Porte.  In 
1857  the  Union  of  the  two  Principalities  was  pro- 
claimed, under  the  name  of  Roumania.  By  a  Con- 
vention between  Austria,  France,  Great  Britain, 
Prussia,  Russia,  Sardinia,  and  Turkey,  of  August  19, 
1858,  the  organization  of  the  Principalities  was 
established.     In  1878,  by  the  Treaty  of  Berlin,  Rou- 


52  INTERNATIONAL   LAW. 

mania  was  recognized  as  an  independent  Kingdom, 
subject  to  the  proviso  that  all  its  inhabitants  should 
enjoy  complete  religious  freedom.  The  fundamental 
Law  of  Roumania  is  the  constitution  of  1SGG. 

Russia. 

Area.  Population, 

Eng.  sq.  milea.  1884. 

Russia  and  Finland     1,750,651)         87,472,000 

Caucasus           ...  182,449         2,176,000 

Trans-Caspian...  285,833          710,000 

Central  Asia     ...  1,165,000         5,101,000 

Siberia 467,000         4,<>93,000 


3,850,941  99,552,000 

Russia,  originally  limited  to  the  Principality  of 
Moscow,  has  by  constant  acquisitions  extended  its 
frontiers  from  the  Baltic  to  the  Black  Sea  in  Europe, 
and  in  Asia  as  far  as  the  Pacific  eastwards,  and  to  the 
borders  of  China  southward.  * 

Russia  is  party  to  the  Treaties  for  the  separation 
of  Holland  and  Belgium  of  April  19,  1839;  the  pacifi- 
cation of  the  Levant  of  July  15,  1840 ;  the  closing  of 
the  Dardanelles  and  the  Bosphorus  of  July  13,  1841 ; 
the  succession  to  the  Crown  of  Denmark  of  May  8, 
1852,  and  to  the  Throne  of  Greece  of  November  22, 
1852 ;  the  Treaty  of  Peace  of  Paris,  March  30,  1850  ; 
the  pacification  of  Syria  of  September  5,  18G0;  the 
neutralization  of  Luxembourg  of  May  11,  18G7;  the 

*  The  Sovereigns  of  Russia  were  named  Autocratores,  Mngni 
Domini,  Grand  Princes,  Czars  or  Tzars.  Peter  the  Great  first  used 
the  title  of  Emperor  in  1721. 


SERVIA   AND   SPAIN.  53 

revision  of  the  Treaty  of  Paris  of  March  13,  1871 ; 
the  Berlin  Treaty  of  July  13,  1878 ;  and  the  Congo 
Treaty  of  1885. 

Servia. 

Area.  Population, 

Eng.  sq.  miles.  December,  1884. 

18,784  1,903,000 

The  Principality  of  Servia  was  declared  indepen- 
dent by  the  Treaty  of  Berlin  of  1878,  subject  to  the 
condition  of  maintaining  perfect  religious  freedom. 

For  matters  concerning  Servia  see  Treaty  of  Peace 

1  fi 

between  Russia  and  Turkey,  Bucharest,  ^  May,  1812  ; 
Convention  between  Russia  and  Turkey,  explanatory 
of  Treaty  of  Bucharest,  Ackerman,  J ^^er'  1826  ; 
separate  Act  reletting  to  Servia,  annexed  thereto,  same 
date ;  Treaty  of  Peace  between  Russia  and  Turkey, 
signed  at  Adrianople  September  — ,  1829;  Hatti 
Sheriffs  issued  by  the  Sublime  Porte  to  Servia,  1829, 
1830,  and  1833  ;  Firman  from  the  Sultan  in  December, 
1838. 

Spain. 

Area.  Population, 

Eng.  sq.  mile9.  1884. 

Spain  165,640  8,025,500 

Possessions  ...         194,756  17,268,600 


360,396  25,294,100 

Spain  was  represented  at  the  Congress  of  Vienna 
in  1815,  but  her  territory  had  not  been  affected  by 
the  events  which  led  to  the  same.  Spain  is  governed 
by  the  Constitution  of  June  30, 1876.    The  sovereignty 


54  INTERNATIONAL   LAW. 

of  Spain  over  the  Caroline  and  Pelew  Islands  was 
recognized  by  Germany  and  Great  Britain  in  1886,  in 
return  for  the  grant  of  concessions  touching  trade, 
shipping,  and  the  acquisition  of  land.  The  fortress  of 
Gibraltar,  at  the  extreme  South  of  Spain,  on  the 
Mediterranean,  was  taken  from  Spain  by  England  in 
1704,  and  the  Peace  of  Utrecht,  in  1713,  secured  its 
possession  to  Great  Britain. 

Sweden  and  Norway. 

Area.  Population, 

Eng.  sq.  miles.  Dec.  31,  L880. 

Sweden       173,92]  4,682,769 

Norway       125,613  1,806,900 


2U9,03i  6,489,609 

The  Union  of  Sweden  and  Norway,  under  the 
same  King,  was  accepted  by  the  Starthing,  November 
4,  1809.  By  the  Treaty  of  peace  between  Denmark 
and  Sweden,  January  14,  1814,  Denmark  ceded  to 
Sweden  the  Kingdom  of  Norway.  The  fundamental 
Law  of  the  Kingdom  dates  from  1809. 

By  a  Treaty  between  France,  Great  Britain,  and 
Sweden  and  Norway,  dated  November  17,  18")."), 
France  and  Great  Britain,  upon  the  undertaking  of 
the  King  of  Sweden  and  Norway  not  to  cede  to  nor 
to  exchange  with  Russia,  nor  to  permit  her  to  occupy, 
any  part  of  the  territories  belonging  to  the  Crown  of 
Sweden  and  Norway,  agreed  to  assist  the  King  of 
Sweden  with  sufficient  forces  to  resist  any  pretensions 
or  agressions  of  Russia. 

DO 


SWITZERLAND.  55 

Switzerland. 

Area.  Population, 

Eng.  sq.  milea.  December  1,  1880. 

15,957  2,84,6,000 

On  August  16,  1814,  an  alliance  was  concluded 
between  the  nineteen  Cantons,  viz.  Zurich,  Berne, 
Lucerne,  Uri,  Schweitz,  Unterwalden,  Glaris,  Zug, 
Fribourg,  Soleure,  Bale,  Schatfhausen,  Appenzell,  Saint- 
Gall,  Grisons,  Argovie,  Thurgovie,  Tessin,  and  Vaud, 
for  the  preservation  of  their  freedom  and  inde- 
pendence. And  by  an  act  of  acknowledgment  and 
guarantee,  dated  Paris,  November,  1815,  Austria, 
France,  Great  Britain,  Prussia,  and  Russia  guaranteed 
to  that  country  the  integrity  and  inviolability  of  its 
territory.  The  Powers  also  acknowledged  "  that  the 
neutrality  and  inviolability  of  Switzerland,  and  her 
independence  of  all  foreign  influence,  enter  into  the 
true  interests  of  the  policy  of  the  whole  of  Europe." 

By  Treaty  of  May  26, 1857,  the  Canton  of  Neuchatel, 
formerly  in  possession  of  Prussia,  was  incorporated 
with  Switzerland.  A  federal  constitution  for  the 
Confederation  was  proclaimed  May  29,  1874.  The 
Legislative  body  of  the  Confederation  is  the  Federal 
Assembly,  which,  besides  its  legislative  functions,  has 
the  exclusive  power  to  conclude  Treaties,  etc.,  declaring 
war  and  signing  peace.. 


56  INTERNATIONAL  LAW. 

Turkey. 

Area.  E°tim;\ted 

Eng.  sq.  miles.  populai  ion. 

Europe  63,N7'.>  4,500,000 

Asia  729,721  16,171,000 

Africa  792,844  7,817,000 

1,586,444  28,491,000 

Eastern  Routnelia,  autono- 
mous    13,857         975,000 

Bosnia,  Herzegovina,  occu- 
pied by  Austria     23,571         1,404,000 

1,623,872  30,870,000 

The  Turkish  Empire  comprises  certain  territories  in 
its  immediate  possession  in  Europe,  Asia,  and  Africa, 
and  other  territories  belonging  to  Tributary  States.  The 
States  immediately  belonging  to  the  Empire  include 
within  them  Mussulman  subjects  and  non-Mussulman 
subjects  or  Kajas,  and  Francs,  viz.  subjects  of  foreign 
Powers  domiciled  in  Turkey.  Turkey  was  admitted  to 
the  participation  of  the  advantages  of  public  Law,  and 
of  the  European  Concert,  by  the  Treaty  of  Paris  of 
March  30,  185G,  on  certain  conditions  therein  ex- 
pressed. By  a  Convention  between  Great  Britain, 
Austria,  and  France,  signed  at  Paris,  April  15,  1856, 
these  Powers  guaranteed,  jointly  and  severally,  the 
independence  and  integrity  of  the  Ottoman  Empire, 
as  recorded  in  the  Treaty  concluded  at  Paris  on  March 
14,  1850.  The  Treaties  of  March  13,  1871,  modifying 
the  Treaty  of  Peace  of  March  30,  185G,  modified  the 
obligations  contracted  by  the  Porte  as  regards  the 
Dardanelles  and  the  Black   Sea.     By  the  Treaty  of 


TURKEY.  57 

Berlin  the  relations  of  the  Porte  to  Bulgaria,  Bosnia, 
Montenegro,  Servia,  and  Roumania  were  altered.  She 
undertook  to  maintain  the  principle  of  religious  liberty. 
And  by  a  Convention  between  Great  Britain  and 
Turkey  of  June  4,  1878,  Great  Britain  undertook  to 
defend  the  Turkish  territory  in  Asia  Minor;  Turkey 
consenting  to  assign  the  island  of  Cyprus,  to  be 
occupied  and  administered  by  England. 

Turkey  was  declared  a  Constitutional  Monarchy  on 
December  28,  1876.* 

*  Upon  the  navigation  of  the  Black  Sea,  Dardanelles,  and 
Bosphorus,  see  the  following  Treaties,  Conventions,  etc.  : — 

January  5,  1S09.  Treaty — Great  Britain  and  Turkey.  Straits 
closed  to  ships  of  war  of  foreign  States  when  the  Porte  is  at 
peace. 

1822.  Notification — Turkey.  Bosphorus  closed  to  merchant 
ships  of  Powers  not  having  Treaties. 

October  7,  1826.  Treaty — Russia  and  Turkey.  Trade  to  be 
opened  to  all  friendly  Powers. 

September  14,  1829.  Treaty— Russia  and  Turkey.  Black  Sea 
and  Straits  opened  to  merchant  vessels  of  Russia,  and  to 
those  of  all  Powers  at  peace  with  the  Porte. 

July  15,  1840.  Convention — Great  Britain,  Austria,  Prussia, 
Russia,  and  Turkey.  Dardanelles  and  Bosphorus  closed  to 
foreign  ships  of  war  when  the  Porte  is  at  peace. 

May  3,  1841.  Convention— Great  Britain,  Austria,  France, 
Prussia,  Russia,  and  Turkey.  Dardanelles  and  Bosphorus 
closed  to  foreign  ships  of  war  when  the  Porte  is  at  peace  ; 
Firman  for  light  vessels  of  war  for  service  of  missions. 

December  24,  1844.  Regulation — Turkey.  Protection  of  Dar- 
danelles and  Bosphorus  as  to  passage  of  sailing  vessels  and 
steamers  through  the  Straits  between  sunset  and  sunrise. 

March  30,  185G.  General  Treaty — Great  Britain,  Austria,  France, 
Prussia,  Russia,  Sardiuia,  and  Turkey.  Limitation  of  Russian 
and  Turkish  naval  forces;  non-establishment  of  military-mari- 
time arsenals. 

March  13,  1871.  Treaty — Great  Britain,  Austria,  France,  Prussia, 
4 


58  INTERNATIONAL    LAW. 

Bulgaria. 


Area. 

Population, 

Enf*.  sq.  miles. 

1881. 

•1 1,693 

2,007,000 

Bulgaria  was,  by  the  Treaty  of  Berlin  of  1878, 
constituted  an  autonomous  and  tributary  Principality, 
under  the  suzerainty  of  the  Sultan.  A  province  was 
also  formed  south  of  the  Balkans,  which  took  the 
name  of  Eastern  Roumelia,  and  remains  under  the 
direct  political  and  military  authority  of  the  Sultan 
under  conditions  of  administrative  autonomy,  and 
that  it  be  governed  by  a  Christian  Governor-general. 

Asia. 
Ch  lira. 

Area.  Fstimated 

Eng.  sq.  milos.  population. 

China  proper  ...        1,554,000        382,000,000 

Dependencies...         2,914,000         21,000,000 


4,468,000  403,000,000 

The   relations   of  Great  Britain  with  China   are 
regulated  by  the  Treaty  of  Nan-king  of  1842,  and  the 
Treaty  of  Tien-tsin  of  June  26,  1858.     An  agreement 
was  also  concluded  between  the  two  Powers  at  Che-foo 
on  September  13,  1876,  ratified  at  London   May  16, 
1886,  which    settled  further  the   condition   of  inter- 
Italy,  Russia,  and  Turkey.     Abrogation  of  Treaty  of  March 
30, 1886,  respecting  non-limitation  of  forces  and  establishment 
of  arsenals. 
Russia  and  Turkey.     Same. 


JAPAN  AND  PERSIA.  59 

course  between  high  officers  in  the  capitals  and  the 
provinces,  and  between  Consular  officers  and  Chinese 
officials  at  the  ports.  It  also  laid  down  regulations  for 
the  conduct  of  judicial  proceedings  in  mixed  cases;  and 
provided  that  the  import  of  opium  into  China  shall 
be  subject  to  a  customs  dut\r  of  thirty  taels  per  chest, 
plus  an  inland  duty  on  the  same,  not  to  exceed 
eighty  taels  per  chest,  as  li-ken  for  inland  circulation. 
China  has  entered  into  Treaties  with  other  States 
(see  Treaties  of  peace). 

Ja^an. 


Area. 

Population, 

Eng.  sq.  miles. 

1882. 

147,624 

36,700,000 

In  1854  a  Convention  was  concluded  by  Sir  James 
Sterling,  on  the  part  of  Great  Britain,  at  Nagasaki, 
for  regulating  the  admission  of  British  Ships  into  the 
Ports  of  Japan,  and  on  August  26,  1858,  a  Treaty  was 
concluded  at  Yeddo,  between  Great  Britain  and  Japan, 
which  provided  for  the  appointment  of  Diplomatic 
and  Consular  Agents  to  reside  at  their  respective 
capitals  and  ports.  Japan  has  also  entered  into 
Treaty  obligations  with  several  other  States. 

Persia. 


Area. 

Estimated 

ng.  sq.  miles. 

population. 

307,000 

7,000,000 

A  Treaty  of  Peace  was  concluded  between  Great 
Britain  and  Persia  on  March  4,  1857,  by  which  the 
Shah  undertook  to  withdraw  from  the  territory  and 


GO  INTERNATIONAL   LAW. 

city  of  Herat  and  from  every  other  part  of  Afghan- 
istan, and  to  relinquish  all  claims  and  sovereignty 
on  the  same.  The  Agreement  of  August,  1851,  for 
the  suppression  of  the  slave-trade  in  the  Persian  Gulf, 
was  renewed.  And  another  Convention  was  con- 
cluded, relative  to  Telegraphic  communication  between 
Europe  and  India,  signed  at  Teheran  November  20, 
1865.  The  frontiers  between  Persia  and  Russia  were 
settled  by  the  Treaty  of  December  9,  1881. 

Siam. 


Aroa. 

Estimated 

j.  sq.  iiiilea. 

population. 

280,564 

5,750,000 

A  Treaty  of  friendship  between  Great  Britain  and 
Siam  was  signed  at  Bangkok  on  April  18,  1855,  by 
which  British  subjects  in  Siam  are  to  receive  from 
the  Siamese  Government  full  protection  and  assistance 
to  enable  them  to  reside  in  Siam  in  all  security,  and 
to  trade  with  every  facility,  free  from  oppression  or 
injury  on  the  part  of  the  Siamese. 

Africa. 
Eai 


Area.  Population, 

Enp.  sq.  miles.  1882. 

10,687  6,817,000 

Egypt  is  a  Tributary  State  to  Turkey.  By  a 
Firman  addressed  by  the  Sultan,  dated  February  13, 
1841,  Mehmet  Ali  Pasha,  of  Egypt,  obtained  the  right 
of    hereditary   succession,   of    levying    taxes   in    the 


EGYPT.  61 

name  of  the  Porte,  coining  of  money,  and  raising  a 
number  of  troops  for  service  in  Egypt.  A  fourth  of 
the  proceeds  of  the  taxes  was  to  go  to  the  Porte.  A 
Firman,  dated  May  27, 1866,  to  Ismail  Pasha,  modified 
the  order  of  succession,  and  raised  the  amount  of  tribute 
from  80,000  purses  to  150,000  purses,  or  to  £750,000 
Turkish  annually.  A  Firman  of  June  8, 1867,  confirmed 
the  privilege  of  hereditary  succession,  and  gave  the  right 
to  the  Khedive  of  Egypt  to  conclude  commercial  and 
other  Treaties  having  no  political  significance.  And 
a  Firman  dated  November  29,  1869,  gave  the  right  to 
the  Khedive  to  levy  taxes  in  Egypt  in  the  name  of 
the  Sultan,  and  to  contract  foreign  loans,  the  same 
being  submitted  to  the  Sultan  for  approval.  On  June 
8,  1873,  all  the  privileges  previously  granted  were 
confirmed  and  collected  in  one  Firman.  By  a  Firman 
dated  August  14,  1879,  Ismail  Pasha  ceased  to  be 
Khedive,  and  Mehemed  Tewfik,  his  son,  was  appointed 
Khedive  in  his  stead.  By  an  Agreement  signed  at 
Alexandria,  July  31,  1875,  the  old  system  of  consular 
jurisdiction  was  abolished,  and  mixed  courts  were 
established,  where  European  and  Native  judges  sit 
together  to  try  all  mixed  cases  without  respect  to 
nationality.  The  Suez  Canal  owes  its  origin  to  an 
Act  of  Concession  of  the  Viceroy  of  Egypt,  dated 
November  30,  1854,  and  January  5,  1856.  A  Con- 
vention was  entered  into  between  the  Viceroy  of 
Egypt 'and  the  Company  of  the  Maritime  Canal  of 
Suez,  dated  Cairo,  January  30,  1866,  which  obtained 


62  INTERNATIONAL   LAW. 

the  sanction  of  the  Sultan  on  March  10,  1866.  A 
Convention  "was  also  signed  on  April  23, 1809,  between 
the  Khedive  of  Egypt  and  M.  de  Lesseps,  for  the 
construction  of  the  same.  In  1869  the  British 
Government  purchased  from  the  Viceroy  of  Egypt 
176,602  shares  in  the  Canal  for  £4,000,000,  by  which 
Great  Britain  became  part  owners  in  the  Suez  Canal. 
The  safety  of  the  Canal  having  been  threatened  during 
the  late  insurrection  in  Egypt  in  1882,  the  British  Go- 
vernment,, in  a  despatch  dated  January  3,  1883,  to  the 
British  representatives  at  Paris,  Berlin,  Vienna,  Rome, 
and  St.  Petersburg,  expressed  an  opinion  that  an 
Agreement  might  be  made  to  the  following  effect:  — 

1.  That  the  Canal  should  be  free  for  the  passage  of 
all  ships  in  any  circumstances.    . 

2.  That  in  time  of  war  a  limitation  of  time  as  to 
ships  of  war  of  a  belligerent  remaining  in  the  Canal 
should  be  fixed,  and  no  troops  or  munitions  of  war 
should  be  disembarked  in  the  Canal. 

3.  That  no  hostilities  should  take  place  in  the 
Canal  or  its  approaches,  or  elsewhere  in  the  territorial 
waters  of  Egypt,  even  in  the  event  of  Turkey  being 
one  of  the  belligerents. 

4.  That  neither  of  the  two  immediately  foregoing- 
conditions  shall  apply  to  measures  which  may  be 
necessary  for  the  defence  of  Egypt. 

5.  That  any  Power  whose  vessels  of  war  happen  to 
do  any  damage  to  the  Canal  should  be  bound  to  bear 
the  cost  of  its  immediate  repair. 


LIBERIA   AND   MADAGASCAR.  63 

6.  That  Egypt  should  take  all  measures  within  its 
power  to  enforce  the  conditions  imposed  on  the  transit 
of  belli o-erent  vessels  through  the  Canal  in  time  of  war. 

7.  That  no  fortifications  should  be  erected  on  the 
Canal  or  in  its  vicinity. 

8.  That  nothing-  in  the  agreement  shall  be  deemed 
to  abridge  or  affect  the  territorial  rights  of  the 
Government  of  Egypt  further  than  is  therein  expressly 
provided. 

Liberia. 


Are*. 

Estimated 

Eng.  sq.  miles. 

population. 

143,000 

1,000,000 

The  Republic  of  Liberia  was  founded  in  1822  by 
freed  negroes  from  the  United  States  of  America  and 
natives  of  Africa,  who  were  organized  by  an  American 
Society  of  Colonization,  and  since  July  26,  1847,  it 
declared  itself  independent. 

Madagascar. 

Area.  Estimated 

Eng.  sq.  miles.  population. 

2,300,000  3,500,000 

An  Island  in  the  Indian  Ocean  on  the  coast  of  the 
African  Continent.  For  a  considerable  time  France 
asserted  some  possessory  rights  in  the  Interior  of  the 
Island,  and  these  were  recognized  by  certain  tribes. 
By  the  Treaty  of  December  17,  1885,  Madagascar 
assented  that  she  should  be  represented  abroad  by 
the  Government  of  the  French  Republic. 


64  INTERNATIONAL   LAW. 

Morocco. 


Area. 

Estimated 

Ens.  sq.  miles. 

population, 

305,000 

1511,000 

A  territory  on  the  North-west  corner  of  the  African 
Continent,  with  the  Mediterranean  on  the  North  and 
the  Atlantic  on  the  West. 

A  General  Treaty  between  Great  Britain  and  the 
Sultan  of  Morocco  was  concluded  at  Taneiers  on 
December  9,  1856.  By  that  Treaty  each  Power  may 
appoint  Consuls  or  other  political  Agents  in  the 
dominions  of  the  other,  with  the  usual  guarantees 
for  their  security  and  privileges.  British  subjects  in 
Morocco  have  perfect  security  for  their  person  and 
property,  and  are  free  to  exercise  the  rites  of  their 
own  religion.  No  British  subject  is  liable  for  the 
debts  due  from  another  person.  In  all  criminal  cases 
and  complaints,  and  in  all  civil  differences  and 
disputes  between  British  subjects  the  British  Consul 
General  is  the  sole  judge  and  arbiter.  In  criminal  and 
other  cases  between  British  and  Moorish  subjects,  if 
the  Plaintiff  be  British  and  the  defendant  a  Moorish 
subject,  the  Governor  of  the  town,  or  the  Kadi,  is  the 
judge.  If  the  plaintiff  be  a  Moorish  and  the  Defendant 
a  British  subject,  the  case  is  judged  by  the  Consul 
General,  with  a  right  of  appeal  in  either  case  to  the 
the  British  Charge  d'Affaires  or  to  the  Moorish  Com- 
missioner for  foreign  affairs.  All  disputes  between 
British  subjects  and  the  subjects  or  citizens  of  other 
foreign  nations  are  decided  by  the  Tribunals  of  the 


SOUTH   AFRICAN   REPUBLIC.  65 

foreign  Consuls  without  interference  of  the  Moorish 
Government.  The  property  of  British  subjects  dying 
in  Morocco  belongs  to  the  party  named  in  the  will, 
or,  if  there  is  no  will,  is  taken  charge  of  by  the  Consul 
General.  In  case  of  war,  British  subjects  are  to  be 
allowed  to  depart  to  any  part  of  the  world  they  choose, 
and  to  carry  with  them  their  goods  and  property. 

A  Convention  of  Commerce  and  Navigation  was 
concluded  on  December  9,  1856,  between  Great 
Britain  and  the  Sultan  of  Morocco,  which  provided  for 
reciprocal  freedom  of  Commerce  between  the  British 
dominions  and  the  dominions  of  the  Sultan  of  Morocco. 
The  Sultan,  engaged  to  abolish  all  monopolies  or 
prohibitions  on  imported  goods,  except  tobacco  pipes, 
opium,  sulphur,  saltpetre,  arms  and  ammunition  of  war, 
and  to  abolish  all  monopolies  of  agricultural  produce. 
A  tariff  of  export  duties  was  fixed. 

A  Convention  was  also  concluded  between  Great 
Britain,  Germany,  Austria,  Hungary,  Belgium,  Den- 
mark, Spain,  the  United  States,  France,  Italy,  Morocco, 
the  Netherlands,  Portugal,  and  Sweden  and  Norway, 
dated  July  3,  1880,  for  the  settlement  of  the  right  of 
protection  to  interpreters  and  others  by  foreign  repre- 
sentatives in  Morocco. 

South  African  Republic. 

Approximate  area.  Estimated 

Eng.  sq.  miles.  population. 

41,000  130,000 

The  boundaries  of  the  South  African  Republic  are 
defined  in  the  Convention  between  Great  Britain  and 


06  INTERNATIONAL  LAW. 

the  Republic  of  February  27,  1884.  The  South 
African  Republic  will  conclude  no  Treaty  or  engage- 
ment with  any  State  or  nation  other  than  the  Orange 
Free  State,  nor  with  any  native  tribe  to  the  eastward 
or  westward  of  the  Republic,  until  the  same  has  been 
approved  by  Her  Majesty  the  Queen. 

Ta  nis. 

Approximatn  area.  Estimated 

Eug.  sq.  miles.  population. 

44,726  1,50(J,000 

By  a  Treaty  of  May  28,  1881,  entitled  a  Treaty  of 
friendship  and  bon  voisinage,  France  was  allowed  to 
occupy  the  territory  militarily.  France  guaranteed 
the  execution  of  the  existing  Treaties  between  the 
Regency  and  the  different  European  Powers,  and  the 
Diplomatic  Agents  of  the  French  Republic  abroad 
were  charged  with  the  protection  of  Tunisian  interests. 
By  another  Treaty  of  November  3,  1883,  the  French 
Government  guaranteed  a  Tunisian  loan  and  the  con- 
version of  the  Tunisian  debt. 

West  Africa. 

Area.  Population. 

Unknown.  Unknown.. 

The  Governments  of  Austria-Hungary,  Belgium, 
Denmark,  France,  Germany,  Great  Britain,  Italy,  the 
Netherlands,  Portugal,  Russia,  Spain,  Sweden  and 
Norway,  Turkey,  and  the  United  States  having 
agreed  to  concert  together  on  the  freedom  of  com- 
merce  in   the  basin  of  the  Congo   and  its   mouths, 


THE   CONGO   TERRITORY.  67 

Representatives  of  these  Powers  met  at  Berlin  on 
November  15,  1884,  under  the  Presidency  of  Prince 
Bismarck,  who  opened  the  Conference  with  these 
remarks : 

"  In  convoking  the  Conference,  the  Imperial 
Government  was  guided  by  the  conviction  that  all 
the  Governments  invited  share  the  wish  to  bring  the 
natives  of  Africa  within  the  pale  of  civilization  by 
opening  up  the  interior  of  that  Continent  to  com- 
merce, by  giving  its  inhabitants  the  means  of  in- 
structing themselves,  by  encouraging  missions  and 
enterprises  calculated  to  spread  useful  knowledge,  and 
by  preparing  the  way  for  the  suppression  of  slavery, 
and  especially  the  over-sea  traffic  in  blacks,  the  gradual 
abolition  of  which  was  proclaimed  by  the  Congress  of 
Vienna  of  1815,  as  the  sacred  duty  of  all  the  Powers." 

The  Conference  commenced  on  November  15, 1884, 
and  continued  till  February  26,  1885. 

The  General  Act  of  the  Berlin  Conference  is 
divided  into  seven  Chapters. 

Chapter  I.  is  a  Declaration  relative  to  freedom  of 
Trade  in  the  Basin  of  the  Congo,  its  mouths  and  cir- 
cumjacent regions,  declaring  that  the  trade  of  all 
nations  shall  enjoy  complete  freedom,  each  Power 
only  undertaking  this  engagement  for  itself ;  that  all 
flags,  without  distinction  of  nationality,  shall  have 
free  access  to  the  whole  coast  line  of  the  territory, 
rivers,  and  waters  of  the  Congo  and  its  affluents; 
that  goods   imported   shall   be   subject   to   no  other 


68  INTERNATIONAL  LAW. 

taxes  than  such  as  may  be  levied  for  fair  com- 
pensation for  expenditure  in  the  interest  of  trade ; 
that  merchandise  imported  shall  remain  free  from 
import  and  transit  dues  ;  that  no  Power  which  exer- 
cises sovereign  rights  in  the  region  shall  be  allowed 
to  grant  therein  a  monopoly  or  favour  of  any  kind  in 
matters  of  trade  ;  and  that  foreigners,  without  distinc- 
tion, shall  enjoy  protection  of  their  persons  and 
property,  as  well  as  the  right  of  acquiring  and  trans- 
ferring movable  and  immovable  possessions.  Pro- 
visions are  made  relative  to  the  protection  of  Natives,  of 
Christian  Missionaries,  Scientists,  and  Explorers,  as 
well  as  to  freedom  of  commerce  and  religious  tolera- 
tion, including  the  free  and  public  exercise  of  all 
forms  of  Divine  worship.  The  Convention  of  the 
Universal  Postal  Union  was  extended  to  the  Con- 
ventional basin  of  the  Congo.  And  the  International 
Navigation  Commission  of  the  Congo  was  invested 
with  the  right  of  surveillance  on  all  parts  of  the 
territory  not  under  the  Sovereignty  of  any  Power. 
Chapter  II.  is  a  declaration  against  using  the  territories 
forming  the  Conventional  basin  of  the  Congo  as  a 
market  or  means  of  transit  for  the  trade  in  slaves. 
Chapter  III.  is  a  declaration  also  relative  to  the 
neutrality  of  the  territories  comprised  in  the  Con- 
ventional basin  of  the  Congo,  providing  that  in  case 
of  any  serious  disagreement  originating  on  the  subject 
of  or  the  limits  of  the  territories,  the  Powers  bind 
themselves,  before  appealing  to  arms,  to  have  recourse 


THE   CONGO   TERRITORY.  t)9 

to  the  mediation  of  one  or  more  of  the  friendly 
Powers.  In  a  similar  case  the  same  Powers  reserved 
to  themselves  the  option  of  having  recourse  to  arbi- 
tration. Chapter  IV.  is  an  Act  of  navigation  for  the 
Congo,  declaring  the  navigation  of  the  river,  without 
excepting  any  of  its  branches  or  outlets,  free  for  the 
merchant  ships  of  all  nations  equally,  the  navigation 
not  to  be  subject  to  any  restriction  or  obligation 
not  expressly  stipulated  in  the  Act.  An  Inter- 
national Commission  was  constituted,  charged  with 
the  execution  of  the  Act,  having  power  to  decide  on 
necessary  works,  fixing  dues,  etc.  Chapter  V.  is  an 
Act  of  Navigation  for  the  Niger,  declaring  the  navi- 
gation of  the  Niger,  without  excepting  any  of  its 
branches  and  outlets,  to  be  free  for  the  merchant 
ships  of  all  nations  equally.  Chapter  VI.  is  a 
declaration  relative  to  the  essential  conditions  to 
be  observed  in  order  that  new  occupations  on  the 
coasts  of  the  African  Continent  may  be  held  to  be 
effective.  Any  Power  which  henceforth  takes  posses- 
sion of  a  tract  of  land  on  the  coasts  of  the  African 
Continent  outside  of  its  present  possessions,  or  which, 
being  hitherto  without  such  possessions,  shall  acquire 
them,  as  well  as  any  Power  which  assumes  a  pro- 
tectorate there,  shall  accompany  the  respective  act 
with  a  notification  thereof,  addressed  to  the  other 
signatory  Powers  of  the  present  Act,  in  order  to 
enable  them  to  make  good  any  claims  of  their  own. 
And  Chapter  VII.  contains  general  dispositions. 


70  INTERNATIONAL   LAW. 

Zanzibar. 

Approximate  area.  Estimated 

Eng.  sq.  miles.  population, 

11SG  200,000 

The  Sultanat  of  Zanzibar  includes  the  Isles  of 
Zanzibar,  Pemba,  and  Mafia,  on  the  East  Coast  of 
Africa.  A  Treaty  of  friendship,  commerce,  and  navi- 
gation was  concluded  between  Great  Britain  and  the 
Sultan  on  April  30,  1886.  By  Art.  XVI.  subjects  of 
her  Britannic  Majesty,  as  regards  their  person  and 
property,  enjoy  within  the  dominions  of  the  Sultan 
the  rights  of  exterritoriality.  The  authorities  of  the 
Sultan  have  no  right  to  interfere  in  disputes  between 
subjects  of  Her  Britannic  Majesty  among  themselves, 
or  between  them  and  members  of  other  Christian 
Nations.  Such  questions,  whether  of  a  civil  or  criminal 
nature,  are  to  be  decided  by  the  competent  Consular 
authorities. 

Am  erica. 
Argentine  Confederation. 

Aii-a.  Estimated 

Eug.  sii-  miles.  population. 

1,094,200  2,942,000 

The  United  Provinces  of  Rio  de  la  Plata,  the  most 
important  of  which  is  Buenos  Ayres,  formed  by  their 
Confederation  in  May,  1853,  revised  in  June,  1800, 
what  is  known  as  the  Argentine  Republic.  Great 
Britain  first  concluded  a  Treaty  with  the  Confedera- 
tion on  February  2,  1825. 


BOLIVIA   AND   BRAZIL.  71 

Bolivia. 


Area. 

Estimated 

Em:.  s(|.  miles. 

population. 

47,000 

2,203,000 

The  Republic  of  Bolivia  exists  since  1825.  She 
once  formed  part  of  Peru,  but  the  six  provinces  which 
now  comprise  her  territory  were  united  in  Congress 
on  August  6.  1825.  The  United  States  entered  into 
a  Treaty  of  Commerce  with  Bolivia  November  13, 
1837,  and  Great  Britain  on  June  3  of  the  same  year. 

Brazil. 


Area. 

Population, 

Eng.  sq.  miles 

1883. 

3,218,000 

12,333,375 

Brazil  was  a  Colony  of  Portugal  from  1500.  In 
1821  she  became  independent,  and  in  1822  she  was 
constituted  into  an  Empire.  By  the  mediation  of 
Great  Britain,  Portugal  made  peace  with  Brazil  in 
1825.  Brazil  concluded  Treaties  of  Commerce  with 
France  on  January  8,  1826,  with  Austria  on  June  12, 
1827,  with  Prussia  July  9,  1827,  and  with  Great 
Britain  August  17,  1827. 

Central  America. 


Area. 

Estimated 

Eng.  sq.  ruiles. 

Population. 

172,117 

2,753,000 

The  Republic  of  Central  America  is  a  Confedera- 
tion of  four  States,  viz.,  Costa  Rica,  Guatemala, 
Honduras  and  San  Salvador,  and  Nicaragua.  The 
Act  of  federation  was  signed  February  17,  1872. 


72  INTERNATIONAL   LAW. 

Chile. 


Area. 

Population, 

Eng.  pq.  miles. 

1864. 

2SJ,5t)l 

2,139,536 

Chile  declared  her  independence  of  Spain  Sep- 
tember 18,  1810.  Originally  she  was  part  of  the 
Empire  of  the  Incas,  within  the  Yiceroyalty  of  Peru. 
Chile  entered  into  a  Treaty  with  the  United  States 
of  America  May  16,  1832.  Her  present  constitution 
dates  May  25,  1833. 

Colombia. 

Area.  Estimated 

Eng.  Bq.  miles.  population. 

321,000  2,951,000 

The  present  Republic  of  Colombia  is  the  result 
of  the  dismemberment  of  the  old  Republic  of  the 
same  name  in  1831,  which  was  divided  into  three 
Republics  of  New  Grenada,  Venezuela,  and  Equador. 
The  United  States  entered  into  a  Treaty  with 
Colombia,  on  October  3,  1824,  and  Great  Britain,  on 
April  IS,  1825. 

Equador. 


Area. 

Kstimated 

Eng.  Bq.  miles. 

population. 

^50,000 

1,005,000 

Equador,  which  emerged  from  Colombia  in  1830, 
constituted  herself  into  an  independent  Republic  in 
1831.  She  is  divided  into  three  Departments,  viz., 
Equador,  Guayaquil,  and  Assuay. 


MEXICO   AXD   PARAGUAY.  73 

Mexico. 


Area. 

Population, 

Eng  sq.  miles. 

1882. 

751,423 

10,448,000 

Mexico  declared  her  independence  on  September 
6, 1810,  but  it  was  not  till  1821-23  that  the  same  was 
acknowledged  by  Spain.  In  1822  Iturbide  was 
elected  Hereditary  Constitutional  Emperor,  and  in 
December  Santa  Anna  proclaimed  the  Republic  in 
Vera  Cruz.  In  18G1  England,  France,  and  Spain  urged 
claims  for  losses  incurred  by  their  subjects  resident  in 
Mexico,  and  under  a  Convention  the  Allied  Powers 
occupied  Vera  Cruz.  In  1862  England  and  Spain 
withdrew  from  the  occupation,  their  claims  having 
been  settled.  But  French  troops  remained,  and  an  effort 
was  made  to  reconstitute  the  Empire  by  the  election 
to  the  Mexican  Imperial  Crown  of  the  Austrian  Arch- 
duke Ferdinand  Maximilian.  As  soon,  however,  as 
the  French  troops  withdrew,  Maximilian  was  com- 
pelled to  resign,  and  the  Republic  was  restored. 

Paraguay. 


Area. 

Population, 

Eng.  sq.  miles. 

1879. 

92,000 

340,000 

In  1811  the  Creoles  proclaimed  a  Republic,  at  the 
head  of  which  they  placed  two  Consuls.  In  1814 
Dr.  Francia  was  elected  dictator  for  life,  with  absolute 
power.  On  his  death,  in  1810,  the  Republic  reverted 
to  the  form  of  government  by  two  Consuls,  but  a 
President  of  the  Republic  has  ever  since  been  elected. 


74  INTERNATIONAL   LAW. 

The  present  Constitution  dates  from  November  25, 
1870.  The  frontiers  between  Brazil  and  Paraguay 
were  settled  by  the  Treaty  of  January  9,  1872 ; 
between  the  Argentine  Republic  and  Paraguay,  by 
the  Treaty  of  February  3,  1870.  A  Treaty  of  friend- 
ship, commerce,  and  navigation  was  concluded  between 
Great  Britain  and  the  Republic  of  Paraguay  on  October 
16,  1884 

Peru. 

Area.  Population, 

Eng    Si|-  lniir-s.  1876. 

405,000  2,622,000 

Peru  gained  her  independence  July  28,  1821.  The 
United  States  entered  into  a  Treaty  with  Peru  on 
November  13,  1836,  and  Great  Britain  June  3,  1837. 
The  present  Constitution  dates  from  1858,  niodiJied 
November  10,  1866. 

Uruguay. 


Area. 

Population, 

Eng.  sq.  mi  leu. 

1883. 

63,551 

65,550 

The  Republic  of  Uruguay  is  named  from  the  river 
whicli  separates  her  from  the  Argentine  Republic,  in 
Rio  de  la  Plata.  The  State  was  constituted  out  of  a 
portion  of  the  Argentine  Republic  and  of  the  ancient 
Banda  Oriental.  The  present  Constitution  dates  from 
September  10,  1821). 


VENEZUELA  AND  THE  UNITED  STATES.     75 

Venezuela. 

Area.  Estimated 

Eng.  sq.  miles.  population. 

633,000  2,122,000 

The  Republic  of  Venezuela  is  one  of  the  three 
independent  States  formed  in  1831  on  the  dismember- 
ment of  the  Republic  of  Colombia. 

United  States. 

Area,  with  territories.  Population. 

Eng.  sq.  miles.  1881. 

3,556,000  50,156,000 

The  United  States  of  America  declared  themselves 
independent  on  July  4,  1776.  By  the  Treaty  of  peace 
and  friendship  signed  at  Paris  on  September  3,  1783, 
Great  Britain  acknowledged  the  United  States,  viz. 
New  Hampshire,  Massachusetts  Bay,  Rhode  Island, 
and  Providence  Plantations,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir- 
ginia, North  Carolina,  South  Carolina,  and  Georgia, 
to  be  free  Sovereign  and  Independent  States.  The 
present  Constitution  dates  from  December  17,  1787. 
The  United  States  now  comprise  thirty-eight  States, 
besides  some  territories  not  yet  recognized  as  States 
in  union,  and  some  Indian  Territories.  There  are 
three  distinct  and  independent  powers  in  the  United 
States,  viz.  the  Executive  in  the  President,  the  Legis- 
lative in  Congress,  and  the  Judicial  in  the  Supreme 
Court. 


70  INTERNATIONAL  LAW. 

Hawaii. 


Area. 

Population, 

Eng.  sq.  miles. 

1881. 

65-il 

80,(500 

The  Hawaii  are  known  under  the  name  of  the 
Sandwich  Islands,  and  their  independence  was  recog- 
nized by  the  United  States  on  December  19,  1842, 
and  by  Great  Britain  on  April  1,  1843. 

Hayti. 


A  rra. 

Estimated 

Eng.  sq.  miles. 

population. 

b230 

&uu,uu0 

The  Island  of  San  Domingo  is  the  largest  of  the 
Antilles.  The  Treaty  of  Ryswick  of  1G97  ceded  the 
half  of  the  Island  to  the  French,  and  the  other  half 
to  Spain.  The  Blacks  of  the  French  portion  revolted 
in  1791,  and  for  a  time  the  authority  of  the  Metropolis 
was  uncertain.  In  1822  the  whole  Island  was  con- 
stituted a  single  Republic,  under  the  name  of  Hayti, 
and  she  was  recognized  by  France  in  1825. 


MATERIALS  FOR  A  CODE 


OF 


INTERNATIONAL   LAW. 


CHAPTER  I. 

CONSTITUTION    AND   SOVEREIGNTY   OF   THE   STATE. 

1.  The  State  is  a  Community  of  persons, 
livino-  within  certain  defined  boundaries,  subject 
to  a  constituted  government,  and  freely  united 
together  for  their  common  good. 

"  Civitas  est  coetus  perfectus  liberorum  hominum 
juris  fruendi  et  communis  utilitatis  causa  sociatus " 
(Grotius,  '  De  Jure  Belli  et  Pacis,"  Part  I.  c.  1,  §  xiv.). 
"Republica  est  coetus  multitudinis  juris  consensu  et 
utilitatis  communione  sociatus  "  (Cicero,  "  De  Rep.,"  I. 
c.  25).  The  State,  not  the  rulers  only,  an  abstract  con- 
ception ;  the  personification  of  a  political  Society  is  the 
subject  matter  of  International  Law. 

2.  The  State,  acting  through  its  rulers,  is  a 
moral  or  juridical  person,  having  rights  and 
duties. 

A  moral  person  may  be  a  group  ofpersons  or  mass 
of  property.     The  State,  or  a  Corporation,  or  even  a 


80  INTERNATIONAL  LAW. 

quasi-incorporate  body,  as  a  Joint  Stock  Company,  is 
a  moral  person. 

3.  A  State  may  consist  of  one  or  more  people 
or  nations. 

"Nation"  comes  from  natus,  birth  or  origin, 
and  means  a  multitude  of  people  of  the  same  race 
and  language.  The  construction  or  reconstruction  of 
States  on  the  basis  of  nationality  would  be  difficult, 
inasmuch  as  in  most  cases  the  population  consists  of 
mixed  nationalities,  the  result  of  emigration,  trade, 
and  marriage.  Nor  would  it  be  a  certain  benefit,  for 
with  the  mingling  of  races  there  is  increasing  life  and 
vigour. 

4.  A  State  includes  all  its  colonies  and 
dependencies. 

5.  A  State  must  have  a  fixed  locality.  A 
nomadic  population  with  no  fixed  territory  does 
not  constitute  a  State. 

The  Cherokee  Nation  v.  Georgia,  5  Peter,  U.S. 
Rep.  1;  Mackey  v.  Coxe,  18  Howard,  100.  The 
Cherokee  nation  was  recognized  as  a  people  by 
Treaties  made  with  them.  See  Kent's  "  American 
Law,"  vol.  iii.  p.  382. 

6.  The  State  may  be  one  though  its  possessions 
are  scattered. 


THE  SOVEREIGNTY  OF  STATES.        81 

Russia  and  the  United  States  of  America  are  com- 
pact States.  But  considerable  portions  of  the  British 
Empire  are  divided  from  one  another  by  the  Atlantic 
and  Pacific  Ocean. 

7.  A  Corporation  or  private  Association 
formed  for  the  purpose  of  Trade,  or  for  the 
advancement  of  any  particular  object,  is  not  a 
State  and  has  no  international  status. 

The  East  India  Company  was  represented  by  the 
British  Government.  The  International  Congo  Asso- 
ciation  is  under  the  sovereigntv  of  the  Kino-  of  the 
Belgians.  The  Suez  Canal  Company  is  a  Commercial 
Company. 

8.  A  State  is  Sovereign  as  soon  as  it  is 
regularly  constituted  and  has  sufficient  power 
to  defend  itself. 

9.  The  Sovereignty  of  a  State  consists  in  its 
right  of  independent  action,  without  reference  to 
the  will  of  any  other  State. 

"  La  Souverainte  confere  a  l'Etat  qui  en  jouit  une 
individualite  politique,  a  regard  des  autres  peoples,  en 
vertu  de  la  quelle  il  est  considere  dans  les  relations 
internationales  comme  une  persone  morale  ayant  le 
droit  de  subsister  par  et  pour  soi  meme  "  (Ortolan,  lib. 
i.  c.  2,  p.  12). 

5 


H2  INTERNATIONAL   LAW. 

10.  The  provinces  of  a  Sovereign  State  have 
no  sovereignty  of  their  own.  They  have  no 
political  personality,  or  right  of  separate  corre- 
spondence with  Sovereign  States. 

11.  A  State  may,  by  express  compact  with 
any  other  State,  consent  to  have  its  own 
sovereignty  limited  or  qualified. 

12.  The  Sovereignty  of  a  State  may  be  modi- 
fied or  limited  by  incorporation,  real  union,  or 
federation  with  other  States. 

13.  An  incorporated  union  exists  when  both 
the  internal  and  external  sovereigntv  of  each 
State  is  merged  in  the  whole. 

The  United  Kingdom  of  Great  Britain  and  Ireland 
forms  an  incorporated  union. 

14.  A  federal  Union  exists  when  two  or 
more  States  are  under  one  Sovereign. 

Sweden  and  Norway  formed  a  federal  Union  under 
an  hereditary  Sovereign. 

15.  A  federal  Union  also  exists  where  any 
number  of  Sovereign  States,  while  reserving  for 
themselves  their  own  autonomy  for  their  internal 
matters,    agree    to    unite    together    for    certain 


SEMI-SOVEREIGNTY    OF   STATES.  83 

general   interests,    as    defined    by    the    Constitu- 
tion. 

A  union  which  creates  a  new  associated  sovereignty 
will  destroy  the  individual  sovereignty  of  the  uniting 
states.  A  union  which  creates  no  such  new  associated 
sovereignty  will  leave  the  sovereignty  of  each  as  it 
was.  The  United  States  of  America  constitute  a 
federal  Union  under  an  elective  President. 

16.  A  State  which  acknowledges  the  suze- 
rainty of  another  State  is  semi-sovereign. 

17.  A  Tributary  State  may  remain  sovereign. 

The  simple  payment  of  tribute  would  not  of  itself 
destroy  the  sovereignty  of  the  State,  but  it  is  an 
evidence  of  weakness  and  diminished  dignity  which 
may  mar  its  exercise. 

18.  A  semi-protected  State  is  independent  in 
matters  of  internal  administration,  but  subject  as 
to  its  external  relations. 

19.  A  protected  State,  or  one  which  has  com- 
mitted its  own  defence  and  its  external  relations 
into  the  hands  of  another  State,  is  semi-sovereign. 

Native  States  in  British  India  are  semi-sovereign 
States,  under  the  protectorate  of  the  United  Kingdom. 
A  fully  protected  State  in  India  has  a  native  dynasty 


84  INTERNATIONAL    LAW. 

and  native  officials,  but  is  under  a  British  Resident, 
w  ho  exercises  acertain  control  in  the  internal  adminis- 
tration of  the  State,  as  well  as  in  its  relations  with 
foreign  Powers. 

Indian  nations  on  the  Continent  of  America  are 
in  the  position  of  semi-sovereign  States,  under  the 
protectorate  of  the  United  States. 

20.  A  State  may  lose  its  sovereignty  by 
its  being  annexed  with,  or  ceded  to,  another 
State,  in  which  case  the  annexing  or  acquiring 
State  will  become  entitled  to  all  the  rights  and 
bound  to  all  the  obligations  of  the  State  annexed 
or  ceded. 

21.  The  division  of  a  State  creates  no  for- 
feiture of  previously  recognized  or  vested  rights 
belonging  to  other  States. 

22.  Treaty  rights  are  not  affected  by  any 
revolution,  nor  are  positive  obligations  of  any 
kind  with  other  Powers,  or  with  foreign  creditors, 
weakened  by  any  such  changes. 

King  of  the  Two  Sicilies  v.  Willcox,  1  Simon's  N.  F. 
301. 

23.  When  any  portion  of  territory  is  detached 
from  one  State  and  united  with  another  special 
arrangements  are  made  for  apportioning  its  debts. 


KECOGXITION    OF    STATES.  85 

See  the  Convention  between  Austria,  France,  and 
Sardinia  of  September  9, 18G0,  relative  to  the  liquida- 
tion of  the  Monte  Lombardo-Veneto,  N.  R.  T.,  vol.xvii. 
part  2,  p.  29. 

24.  Internal  sovereignty  does  uot  imply  ex- 
ternal sovereignty. 

The  first  duty  of  a  State  after  having  acquired 
sovereignty  and  independence  internally  is  to  place 
itself  in  friendly  relations  with  other  members  of  the 
family  of  States. 

25.  The  external  sovereignty  of  a  State  is 
acquired  by  the  express  or  implied  recognition  of 
its  internal  sovereignty  on  the  part  of  other  States. 

Express  recognition  was  given  of  the  United  Pro- 
vinces by  Spain  in  1648 ;  of  the  United  States  of 
America  by  the  Treaty  of  Paris  in  1783;  of  the 
Kingdom  of  Westphalia  by  Russia  in  1807 ;  of  the 
French  Republic  by  Great  Britain  in  1802 ;  of  the 
Confederation  of  the  Rhine  by  Prussia  in  1807;  and 
of  Napoleon  as  King  of  Italy  by  Austria  in  1805. 
Also  many  Treaties  with  newly  formed  States  directly 
involving  recognition. 

26.  Each    State   is   free   to   grant  or  refuse 
recognition  to  a  newly  formed  State. 

"  Aucun  etat  n'est  tenu  d'en  reconnaitre  un  nouveau, 


86  INTERNATIONAL   LAW. 

tant  qu'il  y  a  encore  lutte  pour  la  formation  du 
nouvel  £tat  et  que  par  consequent  il  y  a  encore  cloute 
but  l'existence  de  celui "  (Bluntschli,  §  31). 

27.  It  is  within  the  competence  of  a  State  to 
refuse  recognition  to  a  newly  formed  State  where 
its  independence  is  not  yet  secure  and  its  power 
of  resistance  remains  doubtful. 

28.  Where  a  new  State  is  formed  of  terri- 
tories formerly  belonging  to  another  State,  regard 
should  be  had,  in  granting  such  recognition,  to 
existing  duties  towards  the  State  from  which  the 
revolutionized  State  seeks  or  has  sought  to 
emerge,  for  so  long  as  the  struggle  continues  and 
the  issue  is  uncertain  the  recognition  of  the 
revolutionized  State  may  be  said  to  favour  one 
party  at  the  expense  of  the  other. 

See  Lawrence's  "  Commentaire  sur  Wheaton "  on 
"De  la  conduite  que  les  etats  etrangers  peuvent 
observer  envers  un  etat  engage*  dans  une  guerre  civile." 
The  non-recognition  of  a  State  when  sufficiently 
established  is  inconvenient,  since  it  deprives  native 
subjects  residing  in  the  same  of  the  protection  of  the 
Ambassador  or  other  Minister  in  residence.  A  non- 
recognized  State  has,  moreover,  no  status  in  a  Court  of 
justice.  (See  The  City  of  Berne  v.  the  Bank  of  Eng- 
land, 9  Ves.  Jun.  347 ;  United  States  of  America  v. 


RECOGNITION   OF   STATES.  87 

Wagner,  2  App.  Cases,  L.  R.  582  ;   Yrisarri  v.  Clement, 
3  Bing.  432.) 

29.  In  ordinary  cases,  on  communication 
beino-  made  of  the  creation  of  a  new  State,  or 
of  the  adoption  by  an  old  State  of  a  new  form  of 
Government,  or  of  the  adoption  of  a  new  title  by 
the  Head  of  the  State,  recognition  is  granted  as 
soon  as  such  a  State  is  in  a  condition  to  maintain 
international  relations. 

Where  a  State  changes  its  institutions,  say,  from 
an  Empire  to  a  Republic,  or  vice  versa,  or  when  the 
chief  of  the  State  assumes  a  new  title,  as  from  King  to 
Emperor,  or  otherwise,  a  recognition  of  the  fact  when 
announced  may  be  desirable  and  expected.  A  foreign 
sovereign  State  adopting  the  republican  form  of 
government,  if  recognized  by  the  British  Government, 
can  sue  in  the  British  Courts  in  its  own  name  so 
recognized  (United  States  of  America  v.  Wagner,  2 
App.  Cases,  L.  R.  582). 

30.  The  recognition  of  a  State  does  not  imply 
an  approbation  of  its  constitution,  or  of  its 
conduct  in  acquiring  its  independence. 


88  INTERNATIONAL  LAW. 


CHAPTER   II. 

FRONTIERS   OF   THE    STATE. 

31.  The  territory  of  a  State   includes  whatever 
the  State  owns  or  has  a  right  to  possess. 

32.  A  Colony  is  part  of  the  State  which 
establishes  it. 

33.  The  frontiers  of  a  State  are  either  natural 
or  artificial. 

34.  Natural  frontiers  may  be  the  sea,  lakes, 
rivers,  mountains,  or  unoccupied  lands. 

35.  Artificial  frontiers  often  consist  of  purely 
conventional  lines  made  of  stones,  trenches,  walls, 
trees,  or  other  marks. 

The  delimitation  of  the  frontiers  between  Afghan- 
istan  and  Russia  has  given  rise  to  much  difficulty,  in 
consequence  of  the  inaccuracy  of  the  maps  available, 
and  the  desire  on  the  part  of  Russia  to  reserve  for 
herself  the  full  military  command  of  the  junctions  of 
the  roads,  while  satisfying  the  English  view  by  leaving 


TERRITORY   OF   TUE   STATE.  89 

the  full  command  of  the  Zulfikar  Pass  to  the  Afghans. 
In  September,  1885,  commissioners  were  appointed  to 
examine  and  trace  upon  the  spot  the  details  of  the 
frontier.  A  Treaty  has  been  concluded  between  Her 
Majesty  and  the  Emperor  of  Russia,  with  the  assent 
of  the  Ameer  of  Afghanistan,  for  the  settlement  of 
the  frontier  question. 

36.  The  frontiers  of  a  State  are  often  traced 
on  a  map,  and  inserted  in  special  Treaties  de- 
termining the  same. 

37.  A  State  may  acquire  territory  by  occu- 
pation, accession,  transfer,  cession,  or  conquest. 

The  right  over  a  territory  by  simple  discovery  was 
once  asserted  by  Spain  and  Portugal,  but  it  is  an 
insufficient  title  unless  followed  by  occupation.  Chris- 
tian nations  have  asserted  their  rights  over  American 
territories,  whilst  reserving  to  the  Indians  their  right 
of  occupation  of  land  possessed  by  them.  The  English 
Puritans  who  settled  in  New  England  purchased  of 
the  Indians  the  land  which  they  intended  to  acquire. 
So  did  William  Penn  and  the  colony  of  Quakers  in 
Pennsylvania.  The  right  of  occupation  over  their 
land  has  been  conceded  by  Great  Britain  to  the 
Maoris  in  New  Zealand. 

38.  What  belongs  to  no  one  (res  nullius) 
may  become  territory  of  the  State  by  discovery 
and  first  occupancy,  provided  the  occupancy  be 


00  INTERNATIONAL  LAW. 

legitimate,  that  it  be  accompanied  by  a  formal 
declaration,  and  that  it  be  followed  by  effective 
possession. 

39.  A  territory  seized  during  war,  and  not 
restored  at  the  conclusion  of  peace,  becomes  of 
right  the  property  of  the  conqueror,  and  the  title 
by  conquest  becomes  in  effect  a  title  by  cession. 

40.  A  simple  grant  of  territory,  or  a  simple 
declaration  of  intention  to  possess  it,  or  an  occu- 
pation subsequently  interrupted  or  abandoned, 
gives  no  right  of  property  over  the  same. 

41.  The  effective  occupation  of  part  of  a 
territory,  with  the  intention  of  total  occupation, 
will  involve  the  occupancy  of  the  whole  territory. 

42.  The  right  over  a  territory  includes  the 
right  of  using  it  as  well  as  the  right  of  adding  to 
it.  It  includes  the  right  of  admitting  any  one 
to  it  and  of  excluding  any  one  from  it,  the  right 
of  keeping  it  and  the  right  of  disposing  of  it. 

43.  Territorial  sovereignty  extends  over  both 
land  and  water  within  the  territory,  as  well  as 
over  the  natural  increment  of  the  land,  as  far  as 
it  can  be  defended  from  land,  or  as  far  as  cannon- 
shot  reaches. 


NAVIGATION   OF   RIVERS.  91 

44.  Islands  formed  by  alluvion  belong  to  the 
lands  which  have  contributed  to  their  formation. 
When  near  the  mainland,  Islands  are  its  natural 
dependencies ;  when  at  a  sufficient  distance,  the 
rio-ht  to  an  Island  follows  the  same  rules  as  in 
the  case  of  any  other  territory. 

The  Anna,  5  Rob.  Rep.  332. 

45.  The  right  of  a  State  to  its  waters  includes 
right  to  its  seas,  rivers,  and  canals. 

46.  A  river  flowing  within  the  State  is  under 
the  sovereignty  of  the  same. 

47.  A  river  forming  the  frontier  of  several 
States  is  the  common  property  of  all,  their 
respective  frontiers  being  an  ideal  line  in  the 
midst  of  the  river. 

The  right  to  the  use  of  the  whole  river  or  bay  for 
navigation  is  an  easement  or  servitude  common  to 
both  nations.     The  Tame,  3  Mason's  U.S.  147. 

48.  The  right  of  navigation  in  a  river  travers- 
ing  several  States  is  an  imperfect  right  in  many 
cases  rendered  perfect  by  special  Treaties. 

At  the  Congress  of  Vienna,  it  was  decided  that  the 
navigation  of  rivers  separating  or  traversing  several 


92  INTERNATIONAL   LAW. 

States  shall  be  free  from  the  point  where  they  become 
navigable  up  to  their  mouth.  The  freedom  of  naviga- 
tion of  the  Rhine  was  agreed  to  by  the  Congress  of 
Vienna  of  1815;  of  the  Scheldt,  Main,  Meuse,  Moselle, 
Ncckar,  by  the  Treaty  of  Westphalia  of  1G48;  of  the 
Elbe,  by  the  Treaty  of  June  22,  1SG1  ;  of  the  Po,  by 
the  Treaty  of  June  3,  1849,  between  Austria,  Parma, 
and  Modena;  of  the  Vistula,  by  the  Treaty  between 
Prussia  and  Russia,  1815  ;  of  the  Scheldt,  by  the 
Treaty  between  Belgium  and  Holland,  1839  ;  of  the 
Danube,  by  the  Treaty  of  Bucharest  of  1812,  the  Peace 
of  Adrianople  of  1829,  the  Treaty  between  Austria 
and  Prussia  of  1840,  the  Treaty  of  Paris  of  1856, 
and  the  Public  Act  of  18G5;  of  the  Mississippi,  by 
the  Treaty  between  Great  Britain  and  the  United 
States  of  1785;  of  the  St.  Lawrence,  by  the  Treaty 
between  England  and  the  United  States  of  1854 ; 
of  the  Uruguay,  by  the  Treaty  between  Brazil  and 
the  Oriental  Republic  of  1851 ;  of  the  Paraguay,  by 
the  Treaty  between  Paraguay,  France,  and  England 
of  1853,  as  well  as  by  that  between  Brazil  and  the 
Argentine  Republic  of  1857 ;  of  the  Amazon,  by  the 
Treaty  between  Brazil  and  Peru  of  1851  ;  of  the  Congo 
and  Niger,  by  the  International  Treaty  of  1885. 

49.  Where  there  is  no  Treaty  for  the  free 
navigation  of  a  river  bordering  on  two  States,  the 
first  who  establishes  a  dominion  over  one  of  its 
banks  would  be  held  to   have  appropriated  the 


TERRITORIAL   WATERS.  93 

river  also.  Where  there  is  difficulty  in  settling 
which  State  was  the  first,  the  dominion  of  each 
will  extend  to  the  middle  of  the  river. 

50.  The  right  of  navigating  a  river  includes 
all  the  accessory  rights  of  anchoring  or  fixing 
ships  at  the  shore  or  islands  which  are  within 
it,  as  well  as  of  loading  and  discharging  mer- 
chandise. 

51.  Territorial  sovereignty  extends  over  arms 
of  the  sea,  such  as  bays,  gulfs,  and  estuaries,  pro- 
vided they  are  enclosed  ;  over  ports,  whether  open, 
free,  or  closed  ;  over  mouths  of  rivers  and  adjacent 
parts  of  the  sea  enclosed  by  headlands. 

Colchester  v.  Brooke,  7  Q.  B.  330. 

52.  Territorial  waters  include  such  parts  of 
the  sea  adjacent  to  the  coast  as  are  within  one 
mariue  league  of  the  coast  measured  from  low- 
water  mark. 

53.  Seas  enclosed  by  lauds  are  within  the 
jurisdiction  of  the  Countries  within  which  they 
are  situated. 

54.  A  State  may  lose  its  territory  or  any  part 
thereof  by  abandonment,  by  destruction,  by 
transfer,  or  by  conquest. 


91  IXTKliNATIOXAL   LAW. 


CHAPTER   III. 

THE   STATE   AND   ITS   SUBJECTS. 

55.  The  State  acts  by  its  chief  ruler  or  by 
such  authorities  as  its  constitution  may  determine. 
Whilst  the  attribute  of  sovereignty  belongs  to  the 
State,  the  laws  and  customs  of  each  Nation 
designate  the  power  in  the  State  in  whom  such 
sovereignty  is  to  vest,  and  by  whom  it  shall  be 
exercised. 

In  the  United  Kingdom  all  sovereignty  vests  in 
the  Queen,  acting  through  her  Ministers  in  Council, 
responsible  to  Parliament.  In  the  United  States  of 
America  the  Executive  Power  is  vested  in  the  President, 
acting  by  and  with  the  consent  of  the  Senate.  By  the 
Constitution  of  the  German  Empire  the  Emperor 
represents  the  Empire  internationally,  declares  war 
and  concludes  peace  in  the  name  of  the  Empire,  enters 
into  alliances  with  foreign  Powers,  as  well  as  ac- 
credits and  receives  Ambassadors.  And  by  the  revised 
Federal  Constitution,  the  supreme  Executive  authority 


SUBJECTS   OR   CITIZENS   OF   THE   STATE.  93 

of  Switzerland  is  exercised  by  the  Federal  Assembly, 
one  of  whom  is  annually  chosen  President  of  the 
Confederation. 

56.  The  Government  of  a  State  is  its  Execu- 
tive power,  to  whom  belongs  the  exercise  of  its 
effective  sovereignty. 

57.  The  subjects  of  a  State  are  all  persons 
born  in  the  country,  including  the  children  of 
alien  friends,  persons  born  on  board  ships  of 
the  navy,  or  within  the  lines  of  the  army,  or 
in  the  house  of  its  Ambassadors  or  Ministers 
abroad,  and  naturalized  subjects  or  citizens.  In 
a  more  general  sense,  the  subjects  of  a  State  in- 
clude foreign  residents,  whether  domiciled  or  not. 

58.  International  Law  does  not  control  the 
municipal  Law  of  States,  but  takes  cognizance  of 
the  same. 

59.  The  definition  of  citizenship  or  alienage 
pertains  to  municipal  Law. 

60.  The  Laws  regarding  citizenship  and  the 
enjoyment  of  civil  rights  differ  in  many  States. 

In  the  United  Kingdom  every  person  born  within 
the  British  Dominion  is  a  British  subject.  Any  person 
born  out  of  her  Majesty's  Duminion  of  a  father  being 


96  INTERNATIONAL  LAW. 

a  British  subject  is  a  British  subject,  but  any- 
British  subject  living  abroad  may  cease  to  be  such  by 
making  a  declaration  of  alienage.  A  British  subject 
naturalized  in  a  foreign  State  is  deemed  to  have  ceased 
to  be  a  British  subject,  yet  he  may  by  making  a  de- 
claration to  that  effect  remain  a  British  subject.  A 
married  woman  is  deemed  to  be  a  subject  of  the  State 
of  which  her  husband  is  for  the  time  being  a  subject. 
A  widow,  being  a  natural  born  British  subject,  who  has 
become  an  alien  by  or  in  consequence  of  her  marriage 
is  deemed  to  be  a  statutory  alien,  and  may  at  any  time 
during  widowhood  obtain  a  certificate  of  readmission 
to  British  nationality.  When  the  father,  being  a  British 
subject,  or  the  mother,  being  a  British  subject,  becomes 
an  alien,  every  child  of  either  who  during  infancy  has 
become  resident  in  the  country  where  the  father  or 
mother  is  naturalized,  and  has  according  to  the  laws  of 
such  country  become  naturalized  therein,  is  deemed  to 
be  a  subject  of  the  State  of  which  the  father  or  mother 
has  become  a  subject,  and  not  a  British  subject.  When 
the  father,  or  mother,  being  a  widow,  has  obtained  a 
certificate  of  readmission  to  British  nationality,  every 
child  of  such  father  or  mother  is  deemed  to  have 
resumed  the  position  of  a  British  subject  to  all  intents. 
Where  the  father,  or  the  mother,  being  a  widow,  has 
obtained  a  certificate  of  naturalization  in  the  United 
Kingdom,  every  child  of  such  father  or  mother  who 
during  infancy  has  become  resident  with  such  father 
or  mother  in  any  part  of  the  United  Kingdom  is  deemed 


RELINQUISHMENT   OF   CITIZENSHIP.  97 

to  be  a  naturalized  British  subject.  A  British  subject 
becoming  an  alien  is  not  thereby  discharged  from  any 
liability  in  respect  of  any  acts  done  before  the  date 
of  his  so  becoming  an  alien.  Where  Her  Majesty 
has  entered  into  a  Convention  with  any  foreign 
State,  to  the  effect  that  the  subjects  or  citizens  of  that 
State  who  have  been  naturalized  as  British  subjects 
may  divest  themselves  of  their  status  as  such  sub- 
jects, any  person,  being  originally  a  subject  or  citizen 
of  the  State  referred  to,  who  has  been  naturalized 
as  a  British  subject,  may,  within  such  limit  of  time  as 
may  be  provided  by  the  Convention,  make  a  declara- 
tion of  alienage ;  and  from  and  after  the  date  of  his  so 
making  such  declaration  such  person  shall  be  regarded 
as  an  alien,  and  as  a  subject  of  the  State  to  which  he 
originally  belonged  (33  Vict.  c.  14). 

By  a  Convention  between  Her  Majesty  and  the 
United  States  of  America,  signed  at  London  May  12, 
1870,  Art.  I.,  "British  subjects  who  have  become  or  shall 
become  and  are  naturalized  according  to  law  within  the 
United  States  of  America  as  citizens  thereof  shall, 
subject  to  the  provisions  of  Art.  II.,  be  held  by  Great 
Britain  to  be  in  all  respects  and  for  all  purposes  citizens 
of  the  United  States,  and  shall  be  treated  as  such  by 
Great  Britain.  And,  reciprocally,  citizens  of  the  United 
States  of  America  who  have  become  or  shall  become 
and  are  naturalized  according  to  law  within  the  British 
dominion  as  British  subjects  shall,  subject  to  the  pro- 
visions of  Art.  II,  be  held  by  the  United  States  to  be 


98  INTERNATIONAL   LAW. 

in  all  respects  and  for  all  purposes  British  subjects,  and 
shall  he  treated  as  such  by  the  United  States. 

"  Art.  II. — Such  British  subjects  who  have  become 
and  are  naturalized  as  citizens  within  the  United  States 
shall  beat  liberty  to  renounce  their  naturalization,  and 
to  resume  their  British  nationality,  provided  that  such 
renunciation  be  publicly  declared  within  two  years 
after  the  12th  day  of  May,  1870. 

"Such  citizens  of  the  United  States  as  aforesaid,  who 
have  become  and  are  naturalized  within  the  dominions 
of  Her  Britannic  Majesty  as  British  subjects,  shall  be  at 
liberty  to  renounce  their  naturalization,  and  to  resume 
their  nationality  as  citizens  of  the  United  States,  pro- 
vided that  such  renunciation  be  publicly  declared 
within  two  years  after  the  exchange  of  the  ratification 
of  the  present  Convention. 

"Art.  III. — If  any  such  British  subject,  naturalized 
in  the  United  States,  should  renew  his  residence  within 
the  dominions  of  Her  Britannic  Majesty,  Her  Majesty's 
Government  may,  on  his  own  application  and  on  such 
conditions  as  that  Government  may  think  tit  to  impose, 
readmit  him  to  the  character  and  privileges  of  a  British 
subject ;  and  the  United  States  shall  not  in  that  case 
claim  him  as  a  citizen  of  the  United  States  on  account 
of  his  former  naturalization.  In  the  same  manner,  if 
any  such  citizen  of  the  United  States  as  aforesaid, 
naturalized  within  the  dominions  of  Her  Britannic 
Majesty,  should  renew  his  residence  in  the  United 
States,  the  United  States  Government  may,  on  his  own 


NATURALIZATION   AND  ITS    EFFECTS.  99 

application,  and  on  such  conditions  as  that  Government 
may  think  fit  to  impose,  readmit  him  to  the  character 
and  privileges  of  a  citizen  of  the  United  States ;  and 
Great  Britain  shall  not  in  that  case  claim  him  as  a 
British  subject  on  account  of  his  former  naturaliza- 
tion." 

A  supplementary  Convention  on  the  subject  was 
concluded  between  Her  Majesty  and  the  United  States 
February  27,  1871. 

The  principle  of  the  French  Law  is  that  a  child 
born  of  a  French  subject  abroad  is  a  French  subject 
(Civil  Code,  §  10).  And  the  same  rule  obtains  in  Italy, 
Germany,  Spain,  and  other  countries.  But  a  State 
has  a  right  to  recognize  as  its  subjects  all  born  therein, 
as  respects  the  obligation  of  military  service;  and  there- 
fore to  exempt  such  subjects  from  such  liability  there 
is  need  of  an  accord  between  different  countries  (see 
§  175,  p.  137). 

61.  The  rights  of  aliens  and  the  conditions 
for  and  rights  consequent  on  naturalization  are 
defined  by  Municipal  Law. 

In  the  United  Kingdom  real  and  personal  property 
of  every  description  may  be  taken,  acquired,  held  and 
disposed  of  by  an  alien  in  the  same  manner  in  all 
respects  as  by  a  natural-born  British  subject ;  and  a 
title  to  real  and  personal  property  of  every  description 
may  be  derived  through,  from,  or  in  succession  to  an 
alien,  in  the  same  manner  in  all  respects  as  through, 


100  INTERNATIONAL  LAW. 

from,  or  in  succession  to  a  natural-born  British  subject. 
An  alien  who  has  resided  in  the  United  Kingdom  for 
a  term  of  not  less  than  five  years,  or  has  been  in  the 
service  of  the  Crown  for  a  term  of  not  less  than  five 
years,  and  intends,  when  naturalized,  either  to  reside 
in  the  United  Kingdom  or  to  serve  under  the  Crown, 
may  apply  to  one  of  Her  Majesty's  Principal  Secretaries 
of  State  for  a  certificate  of  naturalization ;  and,  if 
granted,  the  certificate  will  confer  on  such  alien  all 
political  and  other  rights,  powers,  and  privileges,  and 
render  him  subject  to  all  obligations  which  a 
natural-born  British  subject  is  entitled  or  subject  to 
in  the  United  Kingdom,  with  this  qualification — that 
he  shall  not,  when  within  the  limits  of  the  foreign 
State  of  which  he  was  a  subject  previously  to  obtain- 
insr  his  certificate  of  naturalization,  be  deemed  to  be 
a  British  subject,  unless  he  has  ceased  to  be  a  subject 
df  that  State  in  pursuance  of  the  laws  thereof,  or  in 
pursuance  of  a  Treaty  to  that  effect  (33  Vict.  c.  14 ; 
35  and  3G  Vict.  c.  39).  In  France,  by  the  Civil  Code, 
a  foreigner  enjoys  the  same  civil  rights  as  are  con- 
ceded to  a  French  citizen  under  the  Treaty  in  force  in 
the  country  to  which  the  foreigners  belong.  But  the 
Law  of  June  29,  1SG7,  provides  that  a  foreigner  who, 
after  having  completed  the  twenty-fifth  year  of  his  age, 
has  obtained  the  authority  to  establish  his  domicile 
in  France,  and  has  resided  three  years  in  the  country, 
may  be  allowed  to  enjoy  all  the  rights  of  French 
citizens,  in  virtue  of  a  Decree  of  the  Chief  of  the  State 


ABOLITION   OF    THE   "DROIT   D'AUBAIXE."       101 

on  the  report  of  the  Minister  of  Justice.  The  delay 
of  three  years  may  be  reduce. 1  t-.  >m,  when  the  party 
soliciting  the  naturalization  has  rend<  ;<■,]  :,;gna!  service 
to  the  country,  or  has  introdaced  an  industry  or  useful 
invention,  or  has  formed  a  great  establishment  of 
commerce  or  agriculture. 

62.  The  practice  of  escheatage,  under  which 
foreigners  wrere  excluded  from  all  right  of  inherit- 
ance  in  the  State,  either  from  a  native  born  or 
an  alien,  and  the  jus  albinagii  or  droit  d'aiibaine, 
by  which  all  the  property  of  a  deceased  foreigner, 
movable  and  immovable  alike,  was  confiscated  to 
the  use  of  the  State,  to  the  exclusion  of  his  heirs, 
are  abolished  by  the  Municipal  Law  of  all  liberal 
States  and  by  special  Treaties  to  that  effect. 

63.  The  subject,  whether  native-born  or  alien, 
owes  to  the  State  allegiance,  obedience,  and  co- 
operation. 

64.  The  State  has  no  right  to  compel  a 
foreign  subject,  not  naturalized,  to  render  civil 
or  military  service. 

65.  Nor  has  the' State  the  right  to  punish  a 
foreigner  for  an  offence  committed  in  a  foreign 
land.     (See  Extradition.) 


& 


102  INTERNATIONAL   LAW. 

6'5.  The  State  is -not  responsible  to  foreign 
States  for  the  &cts'rdf]  or  the  offences  committed 
by,"  its  siwjec'is  at  hOinje  or  abroad,  provided  it 
has  taken  every  legal  means  for  repressing  and 
punishing  such  offenders,  and  has  taken  measures, 
as  far  as  it  is  in  its  power,  to  prevent  their  recur- 
rence. 


CHAPTER  IV. 

EIGHTS   AND   DUTIES   OF  THE   STATE. 

67.  The  State  has  a  right  to  do  whatever  is 
calculated  to  secure  its  own  preservation  and 
independence. 

68.  The  State  has  a  right  to  acquire  new 
countries  or  to  enlarge  its  own  possessions  by- 
discovery,  colonization,  or  otherwise. 

"  Le  premier  de  tous  les  droits  absolus  ou  perma- 
nents,  celui  qui  soit  de  base  fondamentale  a  la  plus  part 
des  autres  et  au  plus  grand  nombre  des  droits  occa- 
sioned, est  le  droit  de  conservation  de  soi-meme" 
(Ortolan,  lib.  i.  c.  3,  p.  55).  "  Un  autre  droit  absolu 
ou  permanent  de  tout  etat  souverain,  c'est  d'etre  in- 
dependant ;  c'est  a  dire  de  n'avoir  a  reconnaitre,  dans 
aucun  de  ces  actes,  l'autorite  superieure  d'aucun  autre 
etat,  isole'  ou  reuni  a  d'autres,  de  ne  pas  etre  tenu 
d'obeir  aux  injonctions  imperative  des  autres  puis- 
sances "  (Ortolan,  lib.  i.  c.  3,  p.  56). 


104  INTERNATIONAL   LAW. 

69.  The  State  has  a  right  to  cede  or  alienate 
any  portion  of  its  territory  within  the  limits  of, 
and  subject  to,  the  safeguards  imposed  by  its 
Constitution  in  that  behalf. 

70.  Likewise  the  State  may  acquire  or  sell 
property  by  the  same  means  and  in  the  same 
manner  as  private  individuals,  that  is,  by  pur- 
chase, cession,  exchange,  inheritance,  or  pre- 
scription. 

71.  The  State  has  a  right  to  increase  its 
commerce,  navigation,  and  fisheries  ;  to  work  its 
mines  and  forests  ;  to  use  freely  its  own  lakes, 
rivers,  and  canals  ;  to  strike  its  own  coinage,  and 
to  issue  any  kind  of  paper  securities. 

72.  The  right  of  trading  with  foreign  countries 

o  o  o 

is  not  a  perfect  right,  nevertheless  the  refusal  of 
a  State  to  trade  with  any  country  is  against  comity. 

73.  The  State  has  a  right  to  augment  its 
naval  and  military  forces,  or  to  construct  forti- 
fications within  the  limits  necessary  for  purposes 
of  defence,  and  lias  no  right  to  oppose  a  similar 
exercise  of  right  on  the  part  of  any  other 
State. 

When  the  excessive  armaments  of  a  State  become 


RIGHT   OF   EXCLUSIVE    JURISDICTION.  105 

a  source  of  danger  to  peace,  a  friendly  State  may 
demand  an  explanation  and  recommend  disarmament. 
See  collective  Note  addressed  by  the  Powers  to 
Greece  in  order  to  induce  the  Hellenic  Government  to 
place  their  army  on  a  peace  footing  {Correspondence 
respecting  the,  affairs  of  Greece,  June,  1886). 

74.  The  State  has  a  risdit  to  choose  for  itself 
whatever  form  of  government  it  likes  to  adopt, 
and  to  change  it  at  pleasure. 

International  Law  only  takes  cognizance  of  the 
form  of  government  in  the  State,  in  so  far  as  it  may 
affect  the  organs  of  international  intercourse.  In 
pure  Monarchies,  where  the  Sovereign  has  absolute 
power,  his  will  alone  has  to  be  conciliated.  In  Con- 
stitutional or  Republican  States  the  will  of  the  nation 
is  an  element  of  supreme  influence. 

75.  The  State  has  a  right  to  exercise  exclusive 
jurisdiction  over  all  the  inhabitants  and  property 
within  the  State,  as  well  as  over  all  suits  and 
actions  in  courts  of  justice,  whether  civil  or 
criminal,  arising  within  its  limits. 

"  C'est  au  Souverain  a  regler  la  forme  et  les  solem 
nites  des  Contrats  que  ses  sujets  passent  sur  les  terres 
de  sa  domination ;  c'est  a  lui  de  prescrire  les  regies  de 
proceder  en  justice.  Le  Souverain  a  aussi  droit  de 
faire  des  Loix  qui  assujettissent  les  Etrangers  en 
plusieurs  cas — 
6 


106  INTERNATIONAL   LAW. 

"1.  Par   rapport   aux    biens   qu'ils   en   possedent 
dans  l'e'tendue  de  sa  souverainte ; 

"  2.  Par  rapport  aux  formalites  des  contrats  qu'ils 
passent  sur  cos  territoires ; 

"3.  Par  rapport  aux  actes  judiciaire  qu'ils  en  plai- 
dent  devant  ses  juges." 
(Boullenois,  "Traite  de  Loix,"  torn.  i.  p.  2.) 

76.  The  laws  of  the  State  regulate  the 
manner  and  circumstances  under  which  property 
is  held,  bequeathed,  and  transferred. 

77.  Foreigners  residing  in  any  part  of  the 
State  are  subject  to  its  laws. 

78.  If  a  foreign  subject  commit  a  crime,  he  is 
amenable  to  the  criminal  law  of  the  country.  If 
two  foreign  subjects  have  a  dispute  among  them- 
selves it  is  to  the  local  courts  of  justice  they  must 
appeal. 

But  the  submission  of  foreign  residents  to  the 
courts  of  the  State  presupposes  confidence  on  their 
part  in  the  right  administration  of  justice.  There- 
fore where  such  confidence  does  not  exist,  foreign 
subjects,  by  charters,  privileges,  concessions,  or  conven- 
tions, are  made  free  from  such  jurisdiction,  and  made 
subject  to  their  own  Consular  jurisdiction.  Such  is 
the  case  in  the  Levant,  China,  and  Japan. 


DUTIES   OF   THE   STATE.  107 

79.  The  State  has  a  right  to  admit  or  to 
refuse  admittance  to  any  foreigner,  and  to  establish 
regulations  for  the  exercise  of  civil  rights  within 
its  territory. 

80.  No  State  can  by  its  laws  affect  persons  or 
property  out  of  its  own  country.  Nevertheless 
the  State  has  a  right  and  also  a  duty  to  protect 
its  subjects  in  foreign  parts,  and  to  see  that  the  due 
and  ordinary  means  of  redress  are  open  to  them 
in  the  courts  of  justice,  both  civil  and  criminal. 

81.  Every  State  is  bound  to  respect  the 
rights  of  other  States,  and  to  fulfil  its  owTn 
obligations,  whether  moral  or  conventional, 
towards  them. 

82.  The  State  must  not  allow  plots  or  con- 
spiracies to  be  organized  wTithin  the  State  against 
the  Sovereign  of  other  States. 

Conspirators  against  the  Governments  of,  and  public 
security  in,  other  States  should  not  be  allowed  to 
hatch  their  plans  in  a  neighbouring  and  friendly  State. 
The  asylum  granted  to  political  exiles  ought  not  to 
be  abused.  The  publication  of  speeches  and  papers 
inciting  to  outrages  amounting  to  murder  and  in- 
cendiarism should  not  be  permitted,  and  any  schemes 


108  INTERNATIONAL   LAW. 

for  the  destruction  of  life  and  property,  by  means  of 
explosive  manufactures  or  otherwise,  ought  to  be  pre- 
vented and  frustrated  by  every  means  within  the 
power  of  the  Government. 

By  the  criminal  law  of  England  all  persons  who 
conspire,  confederate,  and  agree  to  murder  any  person, 
whether  he  be  a  subject  of  Her  Majesty  or  not,  and 
whether  he  be  within  the  Queen's  dominions  or  not, 
and  whosoever  shall  solicit,  encourage,  persuade,  or 
shall  propose  to  any  person  to  murder  any  other 
person,  whether  he  be  a  subject  of  Her  Majesty  or 
not,  and  whether  he  be  within  the  Queen's  dominions 
or  not,  shall  be  guilty  of  a  misdemeanor,  and  being 
convicted  thereof,  shall  be  liable,  at  the  discretion  of 
the  Court,  to  be  kept  in  penal  servitude  for  any  term 
not  more  than  ten,  and  not  less  than  five  years,  or  to 
be  imprisoned  for  any  term  not  exceeding  two  years, 
with  or  without  hard  labour  (24  and  25  Vict.  c.  100, 
s.  4,  amended  by  27  and  28  Vict.  c.  47,  s.  2).  See 
Despatch  from  Her  Majesty  s  Ambassador  in  Paris, 
March,  1^58;  Correspondence  respecting  the  publica- 
tion in  the  United  States  of  incitements  to  outrages 
in  England,  1882. 

83.  A  State  is  bound  to  uphold  law  and 
order,  and  to  repress  sedition,  so  as  not  to  be  a 
source  of  danger  to  itself  and  neighbouring 
States. 

The  first  and   second  dismemberments  of  Poland 


MORAL   DUTIES    OF    THE    STATE.  109 

were  justified  by  Russia,  Prussia,  and  Austria,  by  the 
fact  that  they  were  convinced  by  the  experience  of 
the  past  of  the  absolute  incapacity  of  the  Republic 
of  Poland  to  give  itself  such  a  Government,  or  to  live 
peaceably  under  its  laws  in  maintaining  itself  in  a 
state  of  independence. 

84.  A  State  is  bound  to  provide  for  the 
efficient  and  impartial  administration  of  justice, 
and  to  be  punctual  in  the  observance  of  Treaties 
and  in  the  payment  of  its  debt,  in  capital,  interest, 
and  sinking  fund,  according  to  the  terms  of  its 
obligations. 

85.  A  State  ought  to  exercise  duties  of  be- 
nevolence  and  humanity,  and  to  do  what  is  in 
its  power  to  promote  the  preservation  and  happi- 
ness of  other  States,  especially  in  case  of  dis- 
asters, such  as  famine,  earthquake,  distress,  or 
other  calamities. 

86.  A  State  ought  to  carry  on  commerce  with 
other  States,  and  should  give  no  preference  to 
any  State  to  the  injury  of  another. 

87.  A  State  ought  to  receive  Ambassadors  or 
other  Diplomatic  agents  from  any  Sovereign 
State  with  whom  it  intends  to  maintain  relations 
of  friendship. 


110  INTERNATIONAL   LAW. 

88.  A  permanently  neutralized  State  is  bound 
to  avoid,  in  time  of  peace,  taking  any  engage- 
ment which  might  prevent  its  observing  the 
duties  of  neutrality  in  time  of  war,  or  any  duties 
which  are  incompatible  with  the  conditions  of 
neutrality. 

89.  A  permanently  neutralized  State  may, 
however,  enter  into  defensive  alliances  with  other 
neutral  States  for  the  maintenance  of  their 
neutrality. 

90.  In  other  respects  a  permanently  neutra- 
lized State  is  sovereign  and  independent,  and 
may  therefore  lawfully  exercise,  in  its  intercourse 
with  other  States,  all  the  rights  and  attributes  of 
external  sovereignty. 

91.  No  hostility  can  be  permitted  within  the 
territory  of  permanently  neutralized  States,  nor 
the  passage  of  an  army  or  fleet  through  the 
limits  of  their  territory.  If  a  belligerent  army 
or  fleet  forces  its  passage  through  its  territory  on 
laud  or  sea,  it  is  the  duty  of  the  permanently 
neutralized  State  to  protest  against  the  infringe- 
ment of  its  rights. 


CHAPTER  V. 

EQUALITY    OF    STATES. 


92.  All  Sovereign  States,  great  or  small,  are 
equal  in  the  eyes  of  International  Law,  such 
equality  being  subject  to  modification  by  compact 


or  usao;e. 


93.  Republics  take  the  same  rank  as  mon- 
archies and  other  Sovereign  States. 

In  general  Treaties  the  names  of  States  are  placed 
in  alphabetical  order,  according  to  the  French 
language.  In  political  language  States  are  known  as 
of  the  first,  second,  or  third  rank,  according  to  their 
power  and  political  influence. 

94.  All  Sovereign  States  are  equal  in  matters 
concerning  maritime  ceremonials. 

95.  Salutes  at  sea  between  war  vessels  are 
not  obligatory.  They  are  regulated  by  the 
customary  etiquette  and  courtesy. 


112  INTERNATIONAL  LAW. 


CHAPTER   VI. 

THE    SEA    AND   SHIPS. 

96.  The   sea  is  free    to   all.     The    snips   of  all 
nations  are  equally  free  to  navigate  every  sea. 

"Naturale  jure  omnium  communia  sunt  ilia;  aer, 
aqua  profluens,  et  mare  "  (Digest,  lib.  1,  cit.  8). 

97.  No  territorial  sovereignty  exists  or  can  be 
claimed  beyond  the  three  miles'  zone. 

"  L'impossibilite  de  la  propriety  des  mers  resulte 
de  la  nature  physique  de  cet  ele'ment  qui  ne  peut  etre 
possdde  et  qui  sert  essentiellements  aux  communica- 
tions des  hommes  et  l'impossibilite'  de  l'empire  des 
mers  resulte  de  1  egalite  de  droits  et  de  l'independance 
reciproque  des  nations"  (Ortolan,  lib.  ii.  c.  7,  p.  129). 

98.  Every  nation  has  a  right  of  fishing  on  the 
high  sea. 

The  territorial  waters  of  Her  Majesty's  dominions,  in 
reference  to  the  sea,  mean  such  part  of  the  sea  adjacent 
to  the  coast  of  the  United  Kingdom,  or  of  the  coast  of 


CLASSES    OF   SHirS.  113 

some  other  parts  of  Her  Majesty's  dominions,  as  is 
deemed  by  International  Law  to  be  within  the  terri- 
torial waters  of  Her  Majesty,  and  for  the  purpose  of 
any  offence  declared  to  be  within  the  jurisdiction  of 
the  Admiral,  any  part  of  the  open  sea  within  one 
marine  league  of  the  coast  measured  from  low-water 
mark  being  deemed  to  be  open  sea  within  the  terri- 
torial waters  of  Her  Majesty.  An  offence  committed 
by  a  person,  whether  he  is  or  is  not  a  subject  of  Her 
Majesty,  on  the  open  sea,  within  the  territorial  waters 
of  Her  Majesty's  dominions,  is  an  offence  within  the 
jurisdiction  of  the  Admiral,  although  it  may  have  been 
committed  on  board  or  by  means  of  a  foreign  ship 
(41  and  42  Vict.  c.  73).  Reg.  v.  Klein,  2  Ex.  Div.,  L.R. 
63 ;  Reg.  v.  Lopez ;  Rex  v.  Sattler,  Dears  and  B.C. 
525  ;  Rex  v.  Jones,  2  C.  and  K.  165. 

99.  International  Law  recognizes  only  two 
classes  of  ships,  viz.  vessels  of  war  and  merchant 
vessels. 

100.  A  war  vessel  is  an  armed  ship  employed 
in  the  public  military  service  of  the  State.  A  war 
vessel  is  part  of  the  national  territory.  On  board 
such  ship  no  other  sovereignty  is  recognized,  but 
that  of  the  Government  to  which  the  ship  belongs. 

101.  A  ship  of  war  entering  within  the  mari- 
time territory  of  a  friendly  State  is  entitled  to  the 


114  INTERNATIONAL   LAW. 

same  privileges  which  are  extended  to  the  person 
of  the  Sovereign. 

102.  A  ship  of  war  is  not  subject  to  local 
jurisdiction  in  a  foreign  port. 

Proceedings  against  ships  of  war  cannot  be  insti- 
tuted (The  Schooner  "  Exchange "  v.  McFadden,  7 
Cranch,  135).  No  maritime  lien  can  be  enforced 
against  them  (The  "  Prinz  Fred,"  2  Dod.  Adm.  451  ; 
"  The  Constitution"  4  P.  D.  39). 

"  Le  droit  d'e'xtdrritoralite  est  plein  et  entier  pour 
les  navires  de  guerre.  Dans  les  ports  qui  leur  ont  ete 
ouverts  ils  sont  general ement  exempts  de  la  visite  des 
douanes  quoique  a  vrai  dire  cette  visite  ne  constitue  pas 
un  act  de  jurisdiction"  (Ortolan's  "  Regies,"  liv.  ii.  c.  10). 

103.  The  proofs  of  the  public  character  of  a 
ship  of  war  are  the  flag,  the  public  commission, 
and  the  public  ofhccrs  in  command.  The  com- 
mission would  be  of  itself  sufficient,  if  duly 
authenticated,  but  the  visible  signs  are  the  flag 
and  pennant. 

104.  A  merchant  ship  on  the  high  sea  is 
subject  to  the  Municipal  Law  of  the  country  to 
which  the  ship  beloDgs.  A  crime  committed  on 
board  a  merchant  ship  by  any  of  the  officers  or 
crew  comes  within  the  jurisdiction  of  the  tri- 
bunals of  that  country. 


"SHirS'    PAPERS.  115 

105.  But  when  a  merchant  ship  enters  the 
harbour  of  a  friendly  State,  she  owes  allegiance 
to  that  State  and  is  subject  to  the  laws  of  the  same. 

106.  A  steamer  owned  by  private  individuals 
and  carrying  mails  for  the  Post-Office,  on  con- 
tract, and  having  on  board  a  servant  of  the  Post- 
Office,  is  a  merchant  vessel  or  a  common  carrier 
for  hire.  Where,  however,  the  vessel  belongs  to 
the  Sovereign,  her  immunity  as  a  public  ship 
would  not  be  lost  by  her  being  used  partially  for 
trading  purposes. 

The  " Parlevient  Beige"  42  L.  T.  273.  (See  Con- 
vention with  France  respecting  immunities  of  Mail 
Ships.) 

107.  The  nationality  of  a  ship  is  determined 
by  the  nationality  of  her  owners  or  otherwise, 
according  to  the  maritime  law  of  the  State  to 
which  she  belongs. 

o 
The  national  character  of  the  ship  must  be  de- 
clared  before   a   clearance   can   be    obtained   at   the 
Customs  (17  and  18  Vict.  c.  102,  s.  102). 

108.  The  ship's  papers  are  those  required  by 
the  Municipal  Laws  of  the  State  to  which  she 
belongs.  They  usually  are  the  Certificate  of 
Eegistry,  the  Charter-party,  the  Bills  of  Lading, 
and  the  Bill  of  Health. 


110  INTERNATIONAL   LAW. 

109.  Pirate  ships  have  no  national  character 
and  no  recognized  position.  No  nation  ought  to 
receive  a  pirate  ship  into  its  territory.  Piracy  is 
a  criminal  act,  and  a  ship  employed  in  piracy 
may  be  captured. 

The  "  Le  Louis  "  v.  Dodson,  Adm.  Rep.  232. 

110.  Property  found  in  and  taken  from  a 
pirate  ship  ought  to  be  restored  to  the  innocent 
owner. 

Questions  of  piracy  are  under  the  jurisdiction  of 
the  Court  of  Admiralty.  Ships  taken  from  pirates 
are  liable  to  condemnation  as  droits  and  perquisites  of 
Her  Majesty  in  her  Office  of  Admiralty  (13  and  14 
Vict.  c.  26 ;  20  and  21  Vict.  c.  3).  When  restored  to 
the  innocent  owner  he  ought  to  pay  a  sum  of  money 
equal  to  one-eighth  part  of  their  value,  to  be  dis- 
tributed among  the  captors. 

111.  The  slave-trade  is  declared  to  be  piracy  by 
English  Law,  and  by  Treaty  most  civilized  States 
have  agreed  to  treat  slave  ships  as  pirates. 

If  any  British  subject,  wherever  residing,  and 
whether  within  the  dominion  of  Great  Britain  or  of 
any  foreign  Country,  or  in  the  Colonies,  shall,  within 
the  jurisdiction  of  the  Admiralty,  knowingly  convey 
or  assist  in  conveying  persons  as  slaves,  or  to  be  dealt 
with  as  slaves,  or  ship  them  for  that  purpose,  he  will 
be  deemed  guilty  of  piracy,  felony,  and  robbery 
(5  Geo.  4  c.  113,  and  36  &  37  Vict.  c.  88). 


CHAPTER  VII. 

INTERNATIONAL   INTERCOURSE. 

Section  I. — Ambassadors  and  Diplomatic  Agents. 

112.  Every  Sovereign  State  has  a  right  to  send 
and  to  receive  public  Ministers  to  and  from 
any  State  with  whom  it  may  desire  to  live  in 
peace  and  friendship. 

113.  A  semi-sovereign  State  has  no  right  to 
send  or  to  receive  public  Ministers ;  nor  a 
province  of  a  State,  or  a  dependent  or  suzerain 
State,  or  a  federal  State,  or  an  unrecognized 
State  ;  nor  a  deposed  Sovereign,  or  one  who  has 
abdicated. 

Princes  and  States  have  business  with  one  another, 
and,  not  being  able  to  communicate  in  person  without 
compromising  their  dignity  or  the  business  itself, 
they  use  the  instrumentality  of  some  Ministers  to 
whom  they  give  a  public  character. 


118  INTERNATIONAL   LAW. 

114.  Diplomatic  Agents  differ  in  character 
and  position,  according  as  their  mission  is  one 
for  special  negotiation,  etiquette,  and  ceremonial, 
extraordinary  or  ordinary. 

115.  Diplomatic  Agents  are  of  four  classes, 
viz.  Ambassadors,  Envoys  or  Ministers,  Charges 
d'Affaires  accredited  to  the  Sovereign,  and 
Charges  d'Affaires  accredited  to  the  Foreign 
Minister. 

There  is  great  advantage  in  appointing  a  man  of 
position  and  dignity  as  Ambassador  to  a  foreign 
Court.  Men  of  letters  have  often  filled  such  func- 
tions with  high  credit.  The  Ambassador  outrht  to  be 
a  man  of  learning  and  erudition,  but  still  more  a  man 
of  ripe  wisdom,  a  man  of  experience,  and  of  high 
moral  cpialities. 

116.  Diplomatic  intercourse  within  the  cog- 
nizance of  International  Law  is  limited  to  what 
pertains  to  the  civil  interests  of  States.  The 
Ambassador  or  public  Minister  ought  therefore  to 
be  a  civilian,  and  not  an  ecclesiastic. 

The  Pope  now  is  a  spiritual,  not  a  civil  power. 
So  long  as  he  was  the  Sovereign  of  a  State,  however 
small,  he  was  a  civil  ruler,  competent  to  send  or 
receive  an  Ambassador.  When  he  ceased  to  be  a  civil 
ruler,  the  reason  fur  his  maintaining  oflicial  diplomatic 


APPOINTMENT  OF   DIPLOMATIC   AGENTS.        119 

intercourse  with  States  ceased  to  exist.  The  question 
of  establishing  diplomatic  intercourse  between  the 
United  Kingdom  and  the  Pope  has  frequently  been 
brought  before  the  British  Parliament,  but  consti- 
tutional  difficulties  oppose  it.  The  Bill  of  Rights 
(1689)  and  the  Act  for  settling  the  succession  to  the 
Crown  provided  that  all  and  every  person  or  persons 
who  was,  were,  or  should  be  reconciled,  or  should 
hold  communion  with  the  See  of  Rome,  should  be 
excluded,  and  for  ever  become  incapable  to  inherit, 
possess,  or  enjoy  the  Crown.  A  Legate  or  Nuncio 
sent  by  the  Pope,  having  functions  purely  spiritual, 
would  not  enjoy  the  protection  of  the  Law  of  Nations, 
but  simply  the  security  of  public  faith  in  the  place 
where  he  resides.  The  Diplomatic  Corps  accredited 
to  the  Holy  See  consists  of  Ministers  from  Austria- 
Hungary,  Bavaria,  Belgium,  Bolivia,  Brazil,  Chile, 
France,  Monaco,  Nicaragua,  Peru,  and  Portugal. 

117.  The  State  that  appoints  a  mission  has 
a  right  to  choose  a  proper  person  for  the  same  ; 
nevertheless,  care  should  be  taken  to  nominate 
a  person  who  shall  be  agreeable — a  persona  grata 
— to  the  State  to  which  he  is  sent. 

A  persona  grata  is  one  of  courteous  manner  and 
respectful  demeanour;  one  who  has  on  no  previous 
occasion  given  offence  to  the  State  to  which  he  is  to 
be  accredited.     The  American  Government  once  ap- 


120  INTERNATIONAL   LAW. 

pointed  a  French  subject,  but  naturalized  in  the  United 
States,  as  Ambassador  to  France,  and  the  question 
arose  as  to  whether  a  person  naturalized  in  a  foreign 
State,  on  returning  to  his  native  country,  is  under- 
stood to  reacquire  his  native  domicile ;  whether  such 
naturalized  foreign  subject  could,  on  his  return  to  his 
native  land,  claim  the  immunities  of  a  foreign  Am- 
bassador ;  and  whether,  if  he  were  so  appointed,  he 
could  protect  the  interest  of  the  Sovereign  he  repre- 
sented while  yet  being  faithful  to  his  native  Country. 

118.  A  Diplomatic  Agent  should  receive  clear 
and  explicit  instructions,  expressing  the  intentions 
of  the  Sovereign  or  of  the  State  which  he  is  to 
represent. 

He  is  also  supplied  with  Letters  of  Credentials, 
showing  the  character  he  bears.  These  he  must  com- 
municate  to  the  Sovereign  to.  whom  he  is  sent,  by  the 
instrumentality  of  the  Master  of  the  Ceremonies,  or  of 
the  Secretary  of  State  for  Foreign  Affairs. 

119.  On  his  arriving  at  his  post,  a  Diplo- 
matic Agent  notifies  his  arrival  to  the  Minister 
for  Foreign  Affairs,  and  his  reception  by  that 
Minister  is  an  evidence  of  recognition  of  the 
Government  or  of  the  State  which  he  comes 
to  represent. 

120.  Where  a  public  audience  is  given  by  the 


RANK   OF    DIPLOMATIC    AGENTS.  121 

Sovereign  to  any  foreign  Minister  specially  ac- 
credited to  the  State,  the  usual  formalities  and 
etiquette  are  to  be  used. 

Questions  of  etiquette  and  ceremonials  have  no 
longer  the  force  which  they  had  in  former  days. 
Nevertheless,  an  Ambassador  who  represents  a  Sove- 
reign State  must  remember  that  any  honour  and 
respect  he  may  receive,  or  any  indignities  which  may 
be  imposed  upon  him,  are  paid  to  or  imposed  on  the 
State  which  he  represents.  In  the  relations  of  European 
States  with  China,  the  unwillingness  of  the  Emperor 
to  admit  foreign  Ambassadors  to  his  presence,  and  his 
offers  to  do  so  on  conditions  of  a  servile  character, 
had  not  a  small  influence  in  bringing  about  public 
hostilities.  At  the  end  of  the  war,  the  unseemly 
dictation  was  withdrawn,  and  etiquette  regulations 
were  settled  for  an  audience  to  be  given  to  the 
Representatives  of  foreign  Powers  by  the  Emperor  of 
China  at  Peking  on  July  7,  1873. 

121.  Foreign  Ministers,  duly  accredited  by 
their  Sovereigns,  rank  among  themselves,  in  the 
State  where  they  reside,  in  order  of  precedence 
according;  to  the  notification  of  their  arrival,  each, 
however,  in  the  class  to  which  he  belongs. 

In  Catholic  countries  the  Nuncio  of  the  Pope  is 
allowed  to  stand  first  in  rank.  Not  so  in  Protestant 
States. 


122  INTERNATIONAL  LAW. 

122.  The  oldest  Minister  at  the  Court  in 
the  order  of  such  notifications  is  the  Dean  of  the 
Diplomatic  Corps. 

123.  An  Ambassador  enters  into  his  appoint- 
ment by  the  production  of  his  letters  of  cre- 
dentials, and  retires  from  it  by  the  presentation 
of  his  letters  of  recall. 

124.  An  Ambassador  is  the  public  agent  of 
the  State  which  he  represents.  He  is  the  man- 
datory and  representative  of  his  Sovereign. 

125.  A  Diplomatic  Agent,  like  any  other 
ao-eut,  must  act  in  conformity  with  his  instruc- 
tions,  and  must  not  commit  the  State  which  he 
represents  by  any  act  of  his  own  for  which  he  is 
not  fully  authorized. 

12G.  It  is  the  duty  of  a  Diplomatic  Agent  to 
watch  over  the  interests  of  the  State  which  he 
represents,  and  to  report  to  the  Minister  of  Foreign 
Affairs  every  circumstance  which  he  may  deem 
of  importance  or  useful  to  report,  especially  every 
movement  of  troops  or  other  indications  of  policy 
which  may  affect  his  own  or  other  States. 

"  Gli  Ambasciatori,"  said  Guicciardini, "  sono  l'occhio 


RIGHTS   OF    DIPLOMATIC   AGENTS.  123 

e  l'orecchio  degli  Stati "  (Ambassadors  are  the  eye  and 
the  ear  of  States). 

127.  In  his  relations  with  the  Sovereign  or 
public  officers  of  the  State  in  which  he  resides, 
it  is  the  duty  of  the  Diplomatic  Agent  to  exercise 
the  utmost  care  and  discretion,  to  use  urbane 
and  conciliatory  language,  and  to  maintain  in 
all  his  dealings  a  due  regard  to  justice,  as  well 
as  a  calm  and  moderate  spirit. 

Section  II. — Rights  of  Diplomatic  Agents. 

128.  An  Ambassador  has  a  right  of  access  to, 
or  of  personal  audience  from,  the  Sovereign  to 
whom  he  is  accredited. 


129.  He  has  the  right  to  maintain  religious 
worship  at  the  Embassy  for  himself,  his  house- 
hold, the  members  of  the  Legation,  and  other 
friends,  the  same  being  his  own  country  men  or 
women. 

130.  The  person  of  an  Ambassador  is  sacred. 
He  is  free  from  arrest,  and  is  not  amenable  to 
the  pursuit  of  a  court  of  justice. 

131.  The  house  of  a  Diplomatic  Agent  is 
sacred  and  extra-territorial. 


124  INTERNATIONAL   LAW. 

132.  But  he  has  no  right  to  use  his  house  as 
an  asylum,  or  for  the  purpose  of  protecting  other 
persons  who  do  not  belong  to  him  from  criminal 
pursuit. 

133.  The  Ambassador  is  not  liable  to  taxes, 
and  is  exempt  from  the  payment  of  rates  on  the 
house  he  occupies. 

134.  The  immunities  of  a  Diplomatic  officer 
extend  to  every  member  of  his  own  household. 

135.  A  Diplomatic  officer  cannot  sue  or  be 
sued  in  his  own  name. 

136.  The  powers  of  an  Ambassador  are  always 
revocable. 

137.  The  functions  of  an  Ambassador  termi- 
nate with  the  extinction  of  the  Sovereignty  of  the 
State  where  he  resides,  with  the  death  or  abdica- 
tion of  the  Sovereign  of  either  that  State,  or  of 
the  State  which  he  represents,  with  the  with- 
drawal of  his  powers,  with  the  rupture  of 
relations  between  the  States,  or  with  the  accom- 
plishment of  the  mission,  when  the  same  was  of  a 
temporary  character. 


CHARACTER  OF  CONSULS.  125 

Section  III. — Consuls. 

138.  A  Consul  is  an  officer — either  purely 
commercial  or  semi-public  and  commercial — 
appointed  by  a  Sovereign  to  reside  abroad  for 
the  purpose  of  protecting  the  commercial  inte- 
rests of  merchants  of  his  own  nationality  in  the 
place  where  he  resides. 

The  word  "  Consul "  has  been  used  for  a  political 
as  well  as  a  commercial  office.  In  Rome,  after  the 
expulsion  of  the  Tarquins  and  the  abolition  of  Royalty, 
the  Romans  substituted,  for  one  sole  King,  two  Magis- 
trates elected  annually  by  the  people,  to  whom  they 
o-ave  the  title  of  Consuls.  But  a^ain  the  consular 
authority  was  united  with  the  kingly.  In  France 
the  law  of  19  Brumaire,  An.  VIII.,  established  a  pro- 
visional Government  of  three  Members,  called  Consuls, 
and  soon  after  the  First  Consul  was  charged  with 
supreme  authority. 

The  Consul  is  a  public  or  semi-diplomatic  agent, 
inasmuch  as  he  represents  the  State  by  whom  he  is 
sent,  and  cannot  exercise  his  functions  until  he  has 
been  accepted  by  the  Sovereign  to  whose  State  he  has 
been  sent. 

139.  A  Consul  has  no  right  to  interfere  in 
political  matters,  except  in  cases  where  there 
is  no  political  officer  to  wThom  he  can  appeal  in 
cases  of  diiliculty. 


126  INTERNATIONAL   LAW. 

140.  The  Consular  duties  are  exercised  by 
Consuls-General,  Consuls,  and  Vice-Consuls. 

141.  As  soon  as  the  Consul  arrives  in  the 
place  to  which  he  is  appointed,  he  must  exhibit 
his  commission  to  the  authorities  of  the  country, 
in  order  that  he  may  obtain  their  sanction  to 
his  appointment,  called  an  Exequatur,  which 
secures  to  him  the  enjoyment  of  such  privileges, 
immunities,  and  exemptions  as  have  been  enjoyed 
by  his  predecessors,  or  as  are  usually  granted  to 
Consuls  in  the  country  where  he  is  to  reside. 

142.  Unlike  the  Ambassador,  the  Consul  is  sub- 
ject to  the  laws  of  the  country  in  which  he  resides. 

143.  The  residence  of  the  Consul  is  not  extra- 
territorial, and  he  is  bound  to  pay  rates  and  taxes. 

144.  The  duties  of  the  Consul  are — 

(a)  To  watch  over  the  commercial  interests 

of  the  subjects  of  the  country  he 
represents,  and  to  assist  them  with  his 
advice  in  all  doubtful  emergencies. 

(b)  To  see  that  the   commercial   treaties   in 

force  are  duly  observed. 

(c)  To  attend   to  any  grievances  and  diffi- 

culties in  which  seamen  of  his  counUy 
may  be  involved. 


DUTIES   OF   CONSULS.  127 

(d)  To  relieve  any  distressed  seaman  belonging 

to  his  country ;  to  allow  him  a  sum, 
and  give  a  free  pass  to  such  as  may 
wish  to  return  home. 

(e)  To  claim  and  recover  all  wrecks,  cables, 

and  anchors  belonging  to  his  country- 
men, and  to  pay  the  usual  salvage. 

(f)  To  receive  any  protest  at  the  hand  of 

any  masters  of  vessels. 

(g)  To  administer  an  oath  as  a  magistrate, 

and  do  notarial  acts. 

145.  It  is  the  duty  of  the  Consul  to  send  an 
annual  or  quarterly  statement  of  the  trade  of  the 
place  where  he  resides  to  the  Government  he 
represents. 

1 4G.  Where  specially  authorized  by  the  State 
which  he  represents,  or  by  special  privilege,  capitu- 
lation, or  treaty  to  that  effect,  the  Consul  exer- 
cises a  criminal  and  civil  jurisdiction  over  the 
subjects  of  his  own  country. 

147.  Under  the  12  &  13  Vict.  c.  G8  (1849), 
and  the  Consular  Marriage  Act,  1868,  a  British 
Consul  may  celebrate  a  marriage  between  persons 
who  have  resided  one  month  in  the  district,  both, 
or  one  of  them,  being  a  British  subject. 


CHAPTER  VIII. 

TREATIES. 

148.   A  Treaty  is  a  contract  between  States. 

Treaties  between  European  States  used  to  be 
headed,  "  In  the  name  of  the  very  holy  and  indivisible 
Trinity."  The  Treaty  of  Berlin  of  1878  was  headed, 
"  In  the  name  of  Almighty  God ; "  the  Treaty  with 
Zanzibar  was  headed,  "  In  the  name  of  the  most  high 
God."  Treaties  are  ended  with,  "  In  witness  whereof 
the  respective  Plenipotentiaries  have  signed  it,  and 
have  affixed  to  it  the  seal  of  their  arms." 

149.  A  Treaty  which  affects  the  interests  of 
the  State  is  a  public  Treaty.  A  Treaty  which 
refers  to  the  person  or  family  of  the  Sovereign 
only  is  a  private  Treaty. 

150.  When  a  Sovereign  contracts  "for  himself 
and  his  successors,"  it  is  a  real  Treaty,  and  the 
rights  and  obligations  accruing  from  it  pass  to 
the  State  and  its  subsequent  rulers. 


RIGHTS    TO    CONTRACT    TREATIES.  129 

151.  A  public  Treaty  attaches  to  the  body  of 
the-  State  and  subsists  as  loug  as  the  State  exists, 
unless  the  period  of  its  duration  is  expressly 
limited.  A  personal  Treaty  expires  with  the 
death  of  the  Sovereign  who  contracted  it. 

152.  Every  Sovereign  State  has  a  right  to 
contract  public  Treaties  with  foreign  States,  the 
constitutional  or  fundamental  laws  of  the  State 
determining  with  whom  rests  the  authority  of 
negotiating  the  same  and  the  conditions  for  their 
sanction  and  authority. 

153.  A  Semi-sovereign  State  has  no  right 
to  enter  into  a  public  Treaty. 

154.  When  a  Treaty  is  to  be  concluded  by 
a  Minister  Plenipotentiary  under  instructions 
from  his  Sovereign  or  the  State,  his  powers 
to  that  effect  must  be  shown  to  the  contractino- 

o 

parties  and   be  recognized   by  them  as   in   due 
form. 

155.  A  Treaty  negotiated  by  a  Minister 
Plenipotentiary  must  be  ratified  by  the  Sovereign 
or  State,  and  is  not  in  force  until  such  Eatifi- 

cation  has  been  notified. 

7 


130  INTERNATIONAL   LAW. 

15G.  The  requisites  for  the  validity  of  a 
Treaty  are — (l)  the  capacity  of  the  parties  to 
the  contract  ;  (2)  the  consent  of  the  contracting 
parties  freely  given,  under  no  mistake,  fraud,  or 
violence. 

157.  Treaties  are  written  in  the  language  of 
each  contracting  party. 

Up  to  the  middle  of  the  eighteenth  century  Treaties 
were  written  in  Latin  as  a  common  language.  After- 
wards the  French  language  began  to  be  used  as  the 
language  of  diplomacy.  In  later  time,  however,  the 
custom  has  been  introduced  for  each  nation  to  use  its 
own  language,  both  in  diplomatic  correspondence  and 
in  the  preparation  of  Treaties.  The  Treaty  of  Vienna 
of  1815  contained  the  following  clause  :  "  The  French 
language  having  been  exclusively  used  in  all  the  copies 
of  the  present  Treaty,  the  Powers  which  have  been 
parties  to  the  same  recognize  that  the  use  of  this 
language  will  not  carry  consequences  for  the  future ; 
each  Power  reserving  to  itself  the  right,  in  future 
negotiations  and  conventions,  to  adopt  the  language 
which  it  has  hitherto  used  in  its  diplomatic  relations, 
without  danger  that  the  present  Treaty  may  be  cited 
as  an  example  contrary  to  established  usages."  The 
recent  Treaties  between  Great  Britain  and  Austria- 
Hungary  were  written  in  three  languages,  viz.  English, 
German,  and  Magyar. 


TREATIES    OF   GUARANTEE  131 

158.  A  Treaty  is  binding  on  the  contracting 
parties  only. 

159.  A  public  Treaty  is  inviolable.  The 
principle,  "  Sanctitas  pactorum  gentium  publico- 
rum,"  is  a  law  binding  on  all  States. 

160.  A  Treaty  is  obligatory,  whatever  be  the 
difference  of  religion  among  the  contracting 
parties. 

161.  No  Power  can  liberate  itself  from  the 
engagements  of  a  Treaty,  or  modify  the  stipula- 
tions thereof,  unless  with  the  consent  of  all  the 
other  contracting  Powers,  by  means  of  an  amicable 
arrangement. 


o 


162.  A  Treaty  entered  into  by  several  States 
for  their  mutual  protection,  or  for  the  guarantee 
of  another  State,  involves  a  joint  obligation  to 
use  such  means  as  may  be  required  to  accomplish 
the  object. 

A  contract  by  two  or  more  persons  may  be  joint 
only  or  joint  and  several.  If  joint  only,  it  is  the 
obligation  of  all  the  parties  together,  and  of  none 
separately;  if  joint  and  several,  it  is  obligatory  on 
each  party  separately  and  on  all  unitedly.  If  a  cove- 
nant to   do   a   particular   act   be   entered    into  with 


132  INTERNATIONAL   LAW. 

several  persons  generally,  they  have  all  a  primd  facie 
or  joint  interest  in  the  performance  of  it.  But  what 
is  primd  facie  only  a  joint  obligation  may  be  con- 
strued to  be  several,  if  the  interest  of  each  of  the 
parties  appear  upon  the  face  of  the  deed  to  require 
that  construction.  In  an  obligation  in  solklum  each 
contractor  engages  to  do  the  same  thing,  but  such 
obligation  is  not  presumed.     It  must  be  express. 

A  guarantee  is  a  contract  by  one  person  to  be 
answerable  for  the  payment  of  some  debt,  or  the  per- 
formance of  some  act  or  duty,  in  case  of  the  failure  of 
another  person,  who  is  himself  primarily  responsible 
for  the  payment  of  such  debt  or  the  performance  of 
the  act  agreed  to  be  done.  The  obligation  of  the 
guarantor  is  not  direct,  but  subsidiary  or  accessory 
to  that  of  the  principal  debtor.  The  guarantor  agrees 
to  satisfy  the  obligation  of  the  debtor,  if  the  debtor 
does  not  do  it  himself,  and  it  is  the  duty  of  the 
creditor  first  to  use  his  endeavour  to  get  the  payment 
from  the  debtor.  And  the  same  rule  would  obtain  in 
the  case  of  a  guarantee  to  protect  a  State,  with  this 
difference — that  whereas  in  the  guarantee  of  a  debt 
the  creditor  has  the  power  to  enforce  the  guarantee, 
in  the  guarantee  to  protect  a  State  the  State  itself 
so  guaranteed  has  not  the  power  to  enforce  the  con- 
tract. Vattel  said,  "As  no  nation  is  obliged  to  do 
anything  for  another  nation  which  that  other  is 
capable  for  herself,  it  follows  that  the  guarantor  is 
not   bound   to  give  his   assistance  except  when  the 


CONSTRUCTION   OF    TREATIES.  133 

party  whose  State  he  has  guaranteed   is  unable  by 
herself  to  obtain  justice." 

163.  A  Treaty  may  be  for  a  period  of  time 
or  indefinite  as  to  its  duration. 

164.  A  Treaty  dates  from  the  day  when  it 
was  signed,  and  not  from  the  date  of  its  ratifica- 
tion. 

165.  When  the  period  of  its  duration  is  fixed 
and  the  condition  of  the  parties  has  not  been 
altered,  no  one  has  a  right  to  withdraw  from  it 
unless  permitted  by  the  other  party  or  parties. 

166.  "When  the  Treaty  is  to  continue  in  force 
indefinitely  unless  notice  be  given,  the  obligation 
will  continue  unimpaired  till  such  notice  be  given 
and  accepted. 

167.  Treaties  stipulating  for  permanent  rights 
and  general  arrangements  do  not  cease  to  be  in 
force  on  the  occurrence  of  war,  but  are  only 
suspended  whilst  the  war  lasts,  and,  unless  waived 
by  the  parties,  revive  on  the  return  of  peace. 

168.  A  Treaty  is  construed  according  to  the 
plain  and  obvious  meaning  of  the  language 
employed,  technical  words  being   construed  ac- 


134  INTERNATIONAL   LAW. 

cording  to  their  technical  meaning,  the  intentions 
of  the  parties  being  discovered  by  reference  to 
the  language  of  the  whole  instrument. 

169.  Treaties  affecting  public  rights  are  bind- 
ing as  such  only  on  the  States  between  whom  the 
Treaties  in  question  were  concluded  ;  neverthe- 
less, in  so  far  as  they  express  rights  and  obliga- 
tions of  a  moral  character,  or  establish  relations 
of  general  convenience,  they  have  a  wider  authority 
and  more  general  application,  and  may  be  said  to 
constitute  part  of  the  conventional  law  of  civilized 
States. 

170.  The  mutual  rights  and  duties  of  States 
incident  to  a  state  of  peace,  friendship,  and  good 
understanding  are  either  secured  by  the  consti- 
tution or  by  the  fundamental  laws  of  the  respec- 
tive countries,  or  are  expressly  provided  for  by 
Treaties. 

171.  The  ratification  of  a  Treaty  consists  of  a 
writing  signed  by  the  Sovereign  or  chief  of  the 
State  and  sealed  wTith  his  seal,  wdiereby  he 
approves  of  the  contents  of  the  Treaty  concluded 
in  his  name,  and  promises  to  execute  the  same 
faithfully  and  in  all  points. 


RATIFICATION   OF    TREATIES.  135 

172.  The  Ministers  of  the  contracting  parties 
exchange  these  ratifications  within  the  time 
agreed  upon,  and  it  is  only  after  the  exchange  of 
the  same  that  a  Treaty  becomes  obligatory. 

In  the  United  Kingdom  Treaties  are  not  laid  before 
Parliament  until  they  have  been  ratified.  It  is  usual, 
however,  in  case  of  a  Treaty  affecting  interests  of  im- 
portance, as  in  the  case  of  a  Treaty  of  commerce,  or  a 
Treaty  involving  financial  operations  which  are  speci- 
ally within  the  cognizance  of  the  House  of  Commons, 
to  give  such  time  for  the  exchange  of  ratification  as 
will  allow  of  Parliament  being  consulted  on  the  subject. 
In  cases  where  a  considerable  time  must  elapse  in 
consequence  of  great  distances  for  the  ratification, 
counterpart  copies  of  the  Treaty,  signed  and  sealed 
by  the  Plenipotentiaries  on  behalf  of  their  respective 
Sovereigns,  are  mutually  delivered,  and  all  its  pro- 
visions and  arrangements  are  forthwith  put  into 
execution,  subject  in  all  cases  to  the  ultimate  ratifica- 
tion of  the  Treaty.  The  Agreement  between  the 
Government  of  Great  Britain  and  China  for  the 
settlement  of  the  Yunnan  case,  official  intercourse,  and 
trade  between  the  two  countries  was  signed  at  Chefoo, 
September  13,  1876,  and  with  an  additional  article 
regulating  the  traffic  in  opium,  signed  in  London  July 
18, 1885,  was  ratified  on  May  6,  1886. 


CHAPTER   IX. 

TREATY  CLAUSES   CONCERNING  PEACE  AND  FRIENDSHIP. 

173.  The  subjects  of  the  contracting  parties 
have  the  right  to  enter,  travel,  and  reside  in  any 
part  of  the  territory  of  the  other,  and  there  to 
enjoy  full  security  and  protection  for  themselves 
and  their  families  in  their  persons  and  property, 
whether  real  or  personal. 

174.  They  have  the  right  to  hire  and  occupy 
houses  and  warehouses,  manufactures,  shops,  and 
premises,  for  purposes  of  their  commerce. 

175.  They  have  the  right  to  acquire  and 
dispose  of,  whether  by  purchase,  sale,  donation, 
exchange,  marriage,  testament,  succession  ab 
intestato,  or  in  any  other  manner  whatever, 
every  description  of  property  which  the  laws  of 
the  country  may  permit  any  foreigner,  of  what- 
ever nation,  to  hold. 


TREATY  CLAUSES  CONCERNING  PEACE,  ETC.   137 

176.  The  heirs  and  representatives  of  the 
contracting  parties  have  the  right  to  succeed  to, 
and  take  possession  of,  such  property,  either  in 
person,  or  by  agents  acting  on  their  behalf,  in  the 
ordinary  form  of  law,  in  the  same  manner  as  the 
subjects  of  the  country;  and  in  the  absence 
of  such  heirs  and  representatives  the  property 
is  treated  in  the  same  manner  as  the  like  property 
belonging  to  the  subjects  of  the  country  under 
similar  circumstances. 

177.  In  the  event  of  any  subjects  dying  with- 
out will  or  testament  in  the  dominions  of  the 
other  contracting  party,  or  in  the  absence  of 
lawful  heirs  or  representatives,  the  Consul- 
General,  Consul,  and  Acting  Consul  of  the  nation 
to  which  the  deceased  may  belong,  in  so  far  as 
the  laws  of  the  country  will  permit,  and  after 
a  duly  made  and  attested  inventory  has  been 
signed  by  him,  takes  possession  and  charge  of 
the  property  which  the  deceased  may  have  left 
for  the  benefit  of  his  lawful  heirs  and  creditors, 
giving  immediate  notice  of  the  death  to  the 
authorities  of  the  country. 

178.  The  subjects  of  each  State  in  the  do- 
minions of  the  other  have  the  right  of  exemption 


138  INTERNATIONAL   LAW. 

from  all  compulsory  military  service  whatever, 
whether  in  the  army,  navy,  or  national  Guard  or 
Militia,  and  of  exemption  also  from  all  judicial 
and  municipal  functions  whatever,  as  well  as  from 
all  contributions,  whether  pecuniary  or  in  kind, 
imposed  as  a  compensation  for  personal  service, 
and  also  from  forced  loans  and  military  exactions 
or  requisitions. 

179.  They  have  the  right  to  enjoy  the  most 
perfect  and  entire  liberty  of  conscience,  without 
being  molested  or  disturbed  on  account  of  their 
religious  belief,  or  to  be  molested  or  disturbed  in 
the  proper  exercise  of  their  religion  in  private 
houses,  or  in  the  churches,  chapels,  or  places 
destined  for  worship,  provided  that  in  so  doing 
they  observe  the  decorum  due  to  Divine  worship, 
and  the  respect  due  to  the  laws  of  the  country. 

180.  They  have  the  right  to  bury  the  subjects 
of  either  State,  who  may  die  in  the  territory  of 
the  other,  in  convenient  and  adequate  places  to 
be  appointed  and  established  by  the  resident 
subjects  for  that  purpose,  with  the  knowledge  of 
the  local  authorities,  or  in  such  other  place  of 
sepulture  as  may  be  chosen  by  the  friends  of  the 
deceased ;  the  funeral  or  sepulchres  of  the  dead 


TREATY  CLAUSES  CONCERNING  PEACE,  ETC.   139 

not  being  disturbed  in  any  wise  or  upon  any 
account. 

181.  They  have  the  right  of  resort  to  the 
courts  of  justice  for  their  judicial  recourse,  on  the 
same  terms  which  are  usual  and  customary  with 
native  subjects,  for  which  purpose  they  may 
either  appear  in  proper  person,  or  employ  in  the 
prosecution  or  defence  of  their  rights  such  advo- 
cates, solicitors,  notaries,  agents,  and  factors,  as 
they  may  judge  proper  in  all  their  trials  at  law. 
They  have  also  free  opportunity  to  be  present  at 
the  decision  or  sentence  of  the  tribunals  in  all 
cases  which  may  concern  them,  and  enjoy  in  such 
cases  all  the  rights  and  privileges  accorded  to 
native  subjects. 

1 82.  If  at  any  time  any  interruption  of  friendly 
intercourse,  or  any  rupture,  should  take  place 
between  the  contracting  States,  the  subjects  or 
citizens  of  either  of  the  two  contracting  parties 
who  may  be  within  any  of  the  territories,  do- 
minions, or  settlements  of  the  other,  if  residing 
upon  the  coasts,  are  allowed  six  months,  and  if 
residing  in  the  interior  a  whole  year,  to  wind  up 
their  accounts  and  dispose  of  their  property,  and 


140  INTERNATIONAL   LAW. 

a  safe-conduct  is  given  to  them  to  embark  at 
the  port  which  they  themselves  shall  select ;  and 
even  in  the  event  of  a  rupture,  all  such  sub- 
jects or  citizens  of  either  of  the  two  contracting 
parties  who  are  established  in  any  of  the  terri- 
tories, dominions,  and  settlements  of  the  other, 
in  the  exercise  of  any  trade  or  special  employ- 
ment, have  the  privilege  of  remaining  and  of 
continuing  such  trade  and  employment  therein, 
without  any  manner  of  interruption,  in  full  enjoy- 
ment of  their  liberty  and  property  as  long  as  they 
behave  peaceably,  and  commit  no  offence  against 
the  laws  ;  and  their  goods  and  effects,  of  whatever 
description  they  may  be,  whether  in  their  own 
custody  or  entrusted  to  individuals  or  to  the 
State,  are  not  liable  to  seizure  or  sequestration, 
nor  to  any  other  charges  or  demands  than  those 
which  may  be  made  upon  the  legal  effects  or 
property  belonging  to  native  subjects  or  citizens 
of  the  country  in  which  such  subjects  or  citizens 
may  reside.  In  the  same  case,  debts  between 
individuals,  property  in  public  funds,  and  shares 
of  companies  are  never  confiscated,  sequestered, 
or  detained. 

See  British  Treaties  with  Uruguay,   August  26, 
1842;    Guatemala,  February  20,  1849;  Siam,  April 


TREATIES  OF   PEACE.  141 

18,  1855  ;    Siviss  Confederation,  September  6,  1855  ; 
Honduras,  August  27,  185G  ;  Nicaragua,  February 
11,  1860;  Salvador,  April  16,  1863;  United  States  of 
Colombia,  February  16,  1866. 

Treaties  of  peace  and  friendship  have  been  con- 
cluded between  the  following  States  : — 

See  also  Treaties  of  Commerce  and  Navigation. 

European  States. 
Austria  and  Austria-Hungary. 

Prussia  and  Russia,  November  8,  1846 ;  United  States,  May 
8,  1848 ;  Sardinia,  August  6,  1849  ;  Russia,  etc.,  March  30,  1856 ; 
Moldo-Wallachia,  February  19,  1858 ;  France,  November  10, 
1859;  Italy,  October  3,  1866;  Siam,  May  17,  1869;  China,  Sep- 
tember 2,  1869 ;  Japan,  October  18,  1869 ;  Hawaii,  June  18,  1875. 

Bnvaria. 
Russia,  August  22,  1866. 

Belgium. 

Persia,  July  14,  1841 ;  Nicaragua,  March  27, 1849 ;  Guatemala, 
March  27, 1849 ;  Peru,  May  16, 1850  ;  Italy,  April  9, 1863 ;  Orange 
Free  States,  April  1,  1874;  Transvaal,  December  11,  1875; 
Morocco,  July  3,  1880. 

Denmark. 

Prussia,  July  2, 1850  ;  Russia,  May  25,  1851 ;  Persia,  November 
30,  1857 ;  Great  Britain,  etc.,  June  10,  1863 ;  Switzerland, 
February  13, 1875 ;  Morocco,  July  3, 1880. 

France. 

Two  Sicilies,  May  12,  1847 ;  Guatemala,  March  8,  1848 ;  Chile, 
October  7,  1849;  Honduras,  February  22,  1856;  Turkey,  etc., 
March  30,  1856,  August  19,  1858;  Siam,  August  15,  1856; 
Sandwich  Islands,  October  29,  1857  ;  Salvador,  January  2,  1858 ; 
China,  June  27,  1858 ;  Japan,  October  9,  1858 ;  Nicaragua,  April 


142  INTERNATIONAL   LAW. 

11,  1859;  Sardinia,  November  10,  1859;  Annam,  June  5,  1862, 
March  15,  1874 ;  Madagascar,  September  12,  1862,  August  8,  18G8 ; 
China,  October  25,  1860 ;  Servia,  January  18,  1863;  Germany, 
May  10,  1871;  ISurmah,  January  21,  1873;  Uruguay,  August  18, 
1873 ;  Morocco,  July  3,  1880. 

Germany. 

(North  Germany  previous  to  1870 ;  Germany  from  1870.) 
Denmark,  July  2,  1850  ;  Argentine  Confederation,  September 
15,1857;  Turkey,  etc.,  August  19,  1858;  Paraguay,  August  1, 
1860 ;  Chile,  February  1, 1862  ;  Liberia,  October  31,  1867  ;  Japan, 
February  20,  1869 ;  Mexico,  A-.igust  28,  1869;  Salvador,  January 
13,  1870;  France,  May  10,  1871;  Costa  Rica,  May  18,  1875; 
Tonga,  November  1,  1875;  Samoa,  January  24,  1879;  Hawaii, 
March  25,  1879;  Morocco,  July  3,  1880;  Mexico,  December  5, 
1882;  Madagascar,  May  15,  1883;  Corea,  November  26,  1883- 
Republic  of  South  Africa,  January  22,  1885. 

Prussia. 
Austria,    November  8,    1847 ;    Denmark,    May    25,    1S51    (see 
Germany). 

Great  Britain. 

Borneo,  May  27,  1817;  Liberia,  November  21,  1848;  Argen- 
tine Confederation,  November  24,  1849;  Costa  Rica,  November 
27,  1849;  Dominica,  March  6,  1850;  Peru,  April  10,  1850; 
Equador,  May  3,  1851;  Hawaii,  July  10,  1851;  Afghanistan,  July 
13,  1855,  May  26,  1879  ;  Siam,  April  18,  1855;  Turkey,  etc., 
March  30,  1856,  August  19,  1858 ;  Honduras,  August  27,  1856 ; 
Persia,  March  4,  1857 ;  Japan,  August  26,  18.".8 ;  Nicaragua, 
February  11,  1860;  Greece,  etc.,  June  10,  1863;  Madagascar, 
January  27,  1865;  Ashanti,  February  15,  1874;  Portugal,  De- 
cember 11,  1875 ;  Samoa,  August  28,  1879 ;  Tonga,  November 
29,  1879;  Servia,  February  7,  1880;  Equator,  October  18,  1880; 
Morocco,  July  3,  1880;  Montenegro,  January  22,  1882;  Corea, 
November  26, 1883  ;  Spain,  December  1, 1883  ;  Transvaal,  February 
27,  1884 ;  Paraguay,  October  16,  1884  ;  Zanzibar,  April  30,  1886. 

Greece. 
Great  Britain,  June  10,  1863. 


TREATIES    OF   PEACE.  143 

Italy. 

Turkey,  August  19,  1858;  Belgium,  April  9,  18^3;  Austria, 
October  3,  1866;  Burmah,  March  3,  1871;  December  26,  1872; 
Morocco,  July  3,  1880. 

Sardinia. 

New  Grenada,  August  18,  1847;  Austria,  August  6,  1849; 
France,  November  10,  1859,  February  11,  1860. 

Two  Sicilies. 
France,  May  12,  1847. 

Netherlands. 

Japan,  January  30,  1856,  October  16,  1857  ;  Sandwich  Islands, 
October  16,  1862  ;  Liberia,  December  20,  1862  ;  Venezuela,  March 
21,  1872 ;  Orange  Free  States,  November  14,  1874 ;  Switzerland, 
June  18,  1875,  August  24,  1877 ;  Morocco,  July  3,  1880. 

Portugal. 

China,  August  13,  1862;  Transvaal,  December  11,  1875; 
Great  Britain,  December  11,  1875;  Morocco,  July  3,  1880. 

Russia. 

Austria,  November  8, 1847 ;  Denmark,  May  25,  1850;  Japan, 
January  26,  1855  ;  Turkey,  March  30,  1856 ;  Austria,  etc.,  March 
30,  1856;  Great  Britain,  March  30,  1856;  China,  June  13,  1858; 
Turkey,  August  19,  1858;  Bavaria,  August  22,  1866;  Turkey, 
February  8,  1879. 

Moldo-  Wallachia. 

Austria,  February  19,  1858. 

Montenegro. 
Great  Britain,  January  22,  1882. 


France,  January  18,  1863,  January  18,  1883 ;  Great  Britain, 
February  7,  1880 ;  United  States,  May  2-14,  1881. 


144  INTERNATIONAL   LAW. 

Spain. 

Persia,  March  4,  1842;  Costa  Rica,  May  10,  1850;  Morocco, 
April  26,  1860 ;  Armani,  June  5,  1862 ;  Peru,  January  27,  1865, 
August  14,  1879;  Morocco,  July  3,  1880;  Chile,  January  12, 
1883;  Great  Britain,  December  1,  1883. 

Sweden  and  Norway. 
China,  March  20,  1847  ;  Morocco,  July  3,  18S0. 

Switzerland. 

United  States,  November  25,  1850 ;  Great  Britain,  September 
6,  1855  ;  Persia,  July  23,  1873 ;  Denmark,  February  13,  1875 ; 
Netherlands,  July  18,  1875 ;  Salvador,  October  30,  1883. 

Turkey. 

France,  March  30,  1856,  August  19,  1858 ;  Great  Britain, 
March  30,1856,  August  19,  1858;  Germany,  August  19,  1858; 
Italy,  August  19,  1858;  Russia,  August  19,  1858,  October  16, 
1862,  February  8,  1879. 

Asiatic  States. 
Afghan  istan. 
Great  Britain,  July  23,  1855,  March  26,  1879. 

Annara. 
France,  June  5,  1862,  March  15,  1874. 

Burmah. 
Italy,  March  3,  1871 ;  France,  January  24,  1873. 

China. 

United  States,  July  8, 1844  ;  Sweden,  March  20,  1847  ;  Russia, 
June  13,  1858;  France,  June  27,  1858,  October  25,  1860;  Por- 
tugal, October  13,  1802 ;  Austria,  September  2,  1869 ;  Japan, 
August  30,  1P71 ;  Peru,  June  26,  1874. 


TREATIES  OF   PEACE.  145 

Corea. 
Great  Britain,  February  21,  1860,  November  26, 1883;  Japan, 
November  24,  1876 ;  Germany,  November  26, 1883. 

Japan. 

Russia,  January  26,  1855;  Netherlands,  January  30,  1856, 
August  16, 1857 ;  Great  Britain,  August  26, 1858  ;  France,  October 
9,  1859 ;  Germany,  February  20,  1869 ;  Austria,  October  18, 1869 ; 
China,  August  30,  1871 ;  Corea,  August  24,  1876. 

Persia. 

Belghim,  July  14,  1841 ;  Spain,  March  4, 1842  ;  United  States, 
December  13,  1856;  Great  Britain,  March  4,  1857;  Denmark, 
November  30,  1857  ;  Switzerland,  July  23,  1873. 

Samoa. 

United  States,  June  17,  1878 ;  Germany,  January  24,  1879 ; 
Great  Britain,  August  28,  1879. 

Siarri: 

Great  Britain,  April  18,  1855 ;  France,  August  15, 1856 ;  Den- 
mark, May  21,  1858;  Austria,  May  17,  1869. 

African  States. 
Ashanti. 
Great  Britain,  February  13,  1874. 

Hawaii. 

Austria,  June  18,  1875;  Germany,  March  25,  1879;  Great 
Britain,  July  10,  1851. 

Borneo. 
Great  Britain,  May  21,  1817. 

Liberia. 

Great  Britain,  November  21,  1848 ;  Netherlands,  December  20, 
1862 ;  North  Germany,  October  31,  1867. 


M6  INTERNATIONAL  LAW. 

Madagascar. 

Great  Britain,  June  27,  1865;  France,  September  12,  1862, 

August  8,  1808;  United  States,  May  13,  1881;  Germany,  May  15, 

1883. 

Morocco. 

Great  Britain,  December  9,  1856,  July  3,  1SS0;  Spain,  April 
26,  1860;  Germany,  etc.,  July  3,  1880;  Belgium,  July  3,  1880; 
Denmark,  July  3,  1880;  Fiance,  July  3,  18S0;  Italy,  July  3, 
1880;  Netherlands,  July  3,  1880;  Portugal,  July  3,  1880. 

Orange  Free  States. 
Belgium,  April  1,  1874 ;  Netherlands,  November  14,  1876. 

Sandwich  Islands. 
France,  October  29,  1857 ;  Netherlands,  October  16,  1862. 

Tonga. 
Germany,  November  1,  1875;  Great  Britain,  November  29, 

1879. 

Transvaal. 

Belgium,  December  11,  1875;  Portug.il,  December  11,  1875 : 
Great  Britain,  February  27,  1884. 

Republic  of  South  Africa. 
Germany,  January  22,  1885. 

Zanzibar. 
Great  Britain,  April  30,  1886. 

American  States. 
Argentine  Confederation. 
Great  Britain,  November  24,  1849;  Germany,  September  15, 
1857  ;  Paraguay,  February  3,  1876. 

Bolivia.  * 

Brazil,  March  27,  1867. 

Brazil. 

Uruguay,  October,  12,  1851 ;  Bolivia,  March  27,  1867 ;  Para- 
guay, January  9,  1872. 


TREATIES   OF   PEACE.  147 

Chile. 

France,  October  7,  1840;  North  Germany,  February  1,  1862; 
Spain,  June  12,  1883 ;  Peru,  October  20,  1883. 

Colombia. 
Equator,  December  30, 18G3 ;  Great  Britain,  February  16, 1866. 

Costa  Rica. 
Great   Britain,   November    27,    1849;    Spain,    May  10,   1850; 
Germany,  May  18,  1875. 

Dominica. 
Great  Britain,  March  6,  1850. 

Equator. 
Great  Britain,   May  3,  1851,   October   18,   18S0;    Colombia, 
December  30,  1863. 

Guatemala. 
Fiance,  March  8,  1848;  Great  Britain,  February  20,  1849; 
Belgium,  March  27,  1849. 

Honduras. 
Fiance,  February  22,  1856  ;  Great  Britain,  August  27,  1856. 

Mexico. 
United  States,  February  2,  1848;  North  Germany,  August  28, 
1869,  December  5,  1882 ;  United  States,  January  20,  1883. 

New  Grenada. 
United  States,  December  12,  1846 ;  Sardinia,  August  18,  1847. 

Nicaragua. 

Belgium,  March  27,  1849;  Spain,  July  25,  1850;  France, 
April  11,  1859;  Great  Britain,  February  11,  I860. 

Paraguay. 

United  States,  February  4,  1859 ;  North  Germany,  August  1, 
1860;  Brazil,  January  9,1872;  Argentine  Republic,  February  3, 
1876;  Uruguay,  August  20, 18S3;  Great  Britain,  October  16,  1884- 


148  INTERNATIONAL   LAW. 

Peru. 
Great  Britain,  April  10,  1850;  Belgium,  May  16,  1850;  United 
States,  July  22,  1856,  September  6,   1870;   Spain,  February  27, 
1865;  China,  June  26,  1874;    Spain,    August   14,  1879;    Chile, 
October  20,  1883. 

Salvador. 
France,  January  2,   1858;  Great   Britain,  October   24,    1862; 
Germany,  June  13,  1870;  Switzerland,  October  30,  1883. 

San  Domingo. 
Hayti,  July  26,  1867. 

United  States. 

China,  July  8,  1844;  New  Grenada,  December  12,  1846; 
Mexico,  February  2,  1848;  Austria,  May  8,  1848;  Hawaii,  De- 
cember 20,  1849;  Borneo,  January  23,  1850;  Switzerland, 
November  25,  1850;  Two  Sicilies,  January  10,  1855;  Persia, 
December  13,  1856 ;  Paraguay,  February  4,  1859 ;  Peru,  Sep- 
tember 7,  1870;  Orange  Free  States,  December  22,  1871;  Samoa, 
January  17,  1878;  Morocco,  July  3,  1880;  Madagascar,  May  13, 
1881 ;  Servia,  May  2-14,  1883. 

Urttr/uay. 

Great  Britain,  August  26,  1842;  France,  August  18,  1873; 
Paraguay,  August  20,  1883. 

Venezuela. 
Netherlands,  Mai  eh  21,  1872. 


CHAPTER  X. 

TREATY    CLAUSES   CONCERNING  THE    APPOINTMENT  AND 
RECEPTION   OF   DIPLOMATIC   AGENTS   AND  CONSULS. 

Section  I. 

Ambassadors  and  other  Diplomatic  Agents. 

183.  States  have  the  right  to  appoint  Am- 
bassadors, Ministers,  and  other  Diplomatic  Agents, 
to  reside  with  their  families  and  establishments 
permanently  at  each  other's  capital,  or  to  visit  it 
occasionally,  at  the  option  of  either  Government. 

184.  Ambassadors  or  Ministers  ought  not  to 
be  called  upon  to  perform  any  ceremony  deroga- 
tory to  their  character  as  representing  the  Sove- 
reigns of  independent  States.  They  have  the 
right  to  use  the  same  forms  of  ceremony  and 
respect  to  the  Sovereigns  they  are  sent  to,  as  are 
employed  by  the  same  Ambassadors,  Ministers, 
or  Diplomatic  Agents  towards  any  Sovereign  of 
independent  and  equal  States. 


150  INTERNATIONAL   LAW 

185.  States  have  also  the  right  to  acquire  a 
site  for  building,  or  to  hire  houses  for  the  accom- 
modation of  their  missions.  Their  representatives 
have  the  right  to  choose  their  own  servants  and 
attendants,  the  same  being  subjected  to  no 
molestation  whatever.  Any  person  being  guilty 
of  disrespect  or  violence  to  such  Representatives 
or  any  member  of  their  families  or  establishments, 
in  deed  or  word,  should  be  severely  punished. 

186.  No  obstacle  or  difficulty  must  be  made 
to  the  free  movements  of  such  Representatives, 
and  they  and  the  persons  of  their  suite  have 
the  right  to  come  and  go  and  travel  at  their 
pleasure.  They  have,  moreover,  full  liberty  to 
send  and  receive  their  correspondence  ;  and  their 
letters  and  effects  are  to  be  held  sacred  and  in- 
violable. They  may  employ,  for  their  trans- 
mission, special  couriers,  who  ought  to  meet  with 
the  same  protection  and  facilities  for  travelling 
as  the  persons  employed  in  carrying  despatches 
for  the  Imperial  Government ;  and  generally 
they  are  to  enjoy  the  same  privileges  as  are 
accorded  to  officers  of  the  same  rank  by  the 
usage  and  consent  of  Western  nations. 


TliEATY   CLAUSES  CONCERNING   CONSULS.       151 

Section  II. 
Consuls. 

187.  States  are  at  liberty  to  appoint  Consuls 
for  tlie  protection  of  trade,  to  reside  in  the 
dominions  and  territories  of  the  other  party ; 
but  before  any  Consul  can  act  as  such,  he  must, 
in  the  usual  form,  be  approved  and  admitted  by 
the  Government  to  which  he  is  sent,  and  either 
of  the  contracting  parties  may  except  from  the 
residence  of  Consuls  such  particular  places  as 
either  of  them  may  judge  fit  to  be  so  excepted. 

188.  The  Consuls-General,  Consuls,  Vice- 
Consuls,  and  Consular  Agents  of  each  of  the 
contracting  parties,  residing  in  the  territories 
and  possessions  of  the  other,  have  the  right 
to  exercise  the  functions  pertaining  to  their 
office,  with  which  they  may  be  charged  by  their 
Government,  without  prejudice  to  the  laws  and 
regulations  of  the  country  of  their  residence ; 
and,  in  like  manner,  they  enjoy  the  privileges, 
exemptions,  and  immunities  permitted  by  the 
same  laws  and  regulations. 

189.  The  Consuls-General,  Consuls,  Vice- 
Consuls,   and  Consular  Agents   of   each   of   the 


152  INTERNATIONAL   LAW. 

contracting  parties,  residing  in  the  territories  of 
the  other,  have  a  right  to  receive  from  the  local 
authorities  such  assistance  as  can  by  law  be 
given  to  them  for  the  recovery  of  deserters  from 
the  vessels  of  their  respective  countries. 

190.  Should  a  subject  of  one  of  the  con- 
tracting parties  die  within  the  dominions  of  the 
other,  and  should  there  be  no  person  present  at 
the  time  of  such  death  rightly  entitled  to  ad- 
minister to  the  estate  of  such  deceased  person, 
the  followino;  rules  are  observed  : — 

191.  When  the  deceased  leaves,  in  the  above- 
named  circumstances,  heirs  of  his  own  nation- 
ality only,  or  who  may  be  qualified  to  enjoy 
the  civil  status  of  their  father,  the  Consuls- 
General,  Consuls,  Vice-Consuls,  or  Consular 
Agents  of  the  nation  to  which  the  deceased 
belonged,  giving  notice  to  the  proper  authorities, 
shall  take  possession  and  have  custody  of  the 
property  of  the  said  deceased,  shall  pay  the  ex- 
penses of  the  funeral,  and  retain  the  surplus  for 
the  payment  of  the  debts,  and  for  the  benefit  of 
the  heirs  to  whom  it  may  rightfully  belong. 

192.  But  the  said  Consuls-General,  Consuls, 


TREATY  CLAUSES  CONCERNING  CONSULS.    153 

Vice-Consuls,  or  other  Consular  Agents  are  bound 
immediately  to  apply  to  the  proper  court  for 
Letters  of  Administration  of  the  effects  left  by 
the  deceased,  and  these  letters  are  delivered 
to  him  with  such  limitations  and  for  such  time  as 
to  such  court  may  seem  right. 

193.  If,  however,  the  deceased  leaves,  in  the 
country  of  his  decease,  and  in  the  above-named 
circumstances,  any  heir  or  universal  legatee  of 
other  nationality  than  his  own,  or  to  whom  the 
civil  status  of  their  fathers  cannot  be  granted, 
then  each  of  the  two  Governments  may  deter- 
mine whether  the  proper  court  shall  proceed 
according  to  law,  or  shall  confide  the  collection 
and  administration  to  the  respective  Consular 
functionaries  under  the  proper  limitations. 

194.  Where  there  is  no  Consul-General, 
Consul,  Vice-Consul,  or  Consular  Agent  in  the 
locality  where  the  decease  has  occurred  (in  the 
case  contemplated  by  the  first  rule  of  this  article), 
upon  whom  devolve  the  custody  and  administra- 
tion of  the  estate,  the  proper  authority  proceeds 
in  these  acts,  until  the  arrival  of  the  respective 
Consular  functionary. 


154  INTERNATIONAL  LAW. 

Respecting  Consular  Jurisdiction,  the  Treaty  be- 
tiveen  Great  Britain  and  China  of  August  23,  1842, 
and  June  26,  1858,  as  well  as  the  Treaty  with  Japan, 
August  26,  1858,  provided  as  folloics: — 

195.  Whenever  a  British  subject  has  reason 
to  complain  of  a  native,  he  must  first  proceed 
to  the  Consulate  and  state  his  grievance  ;  the 
Consul  will  thereupon  inquire  into  the  merits  of 
the  case,  and  do  his  utmost  to  arrange  it  amicably. 
In  like  manner,  if  a  native  have  reason  to  com- 
plain of  a  British  subject,  he  shall  no  less  listen 
to  his  complaint  and  endeavour  to  settle  it  in  a 
friendly  manner. 

196.  If  an  English  merchant  have  occasion 
to  address  the  national  authorities,  he  shall  send 
such  address  through  the  Consul,  who  will  see 
that  the  language  is  becoming  ;  and  if  otherwise, 
he  will  direct  it  to  be  changed  or  will  refuse  to 
convey  the  address. 

197.  If  unfortunately  any  dispute  takes  place 
of  such  a  nature  that  the  Consul  canuot  arrange, 
it  amicably,  then  he  shall  request  the  assist- 
ance of  a  native  officer,  that  they  may  together 


CONSULAR   JURISDICTION.  155 

examine  into  the  merits  of  the  case  and  decide  it 
equitably. 

198.  All  questions  in  regard  to  rights,  whether 
of  property  or  person,  arising  between  British 
subjects  in  China  or  Japan  are  subject  to  the 
jurisdiction  of  the  British  authorities. 

199.  Chinese  or  Japanese  subjects  who  may 
be  guilty  of  any  criminal  act  towards  British 
subjects  shall  be  arrested  and  punished  by  the 
Chinese  or  Japanese  authorities  according  to  the 
laws  of  China  or  Japan. 

200.  British  subjects  who  may  commit  any 
crime  against  Chinese  or  Japanese  subjects  or 
the  subjects  or  citizens  of  any  other  country  shall 
be  tried  and  punished  by  the  Consul  or  other 
public  functionary  authorized  thereto  according 
to  the  laws  of  Great  Britain. 

201.  Justice  shall  be  equitably  and  im- 
partially administered  on  both  sides. 

See  British  Treaties  with  Morocco,  December  9, 
1856;  China,  June  26,  1858;  Japan,  August  26, 
1858;  Afghanistan,  May  26,  1879;  Servia,  February 
7,  18S0;  Gorea,  November  26,  1883;  South  African 
Re-public,  February  27,  188 1. 


156  international  law. 

Treaties  concerning  the  Appointment  of 
Diplomatic  Agents  and  Consuls. 

Euuoi'i.Ax  States. 
Austria. 
United   States,   July    11,    1870;    Portugal,  January  9,  1873; 
Italy,  May  15,  1874  ;  Servia,  May  6,  1881. 

Belgium. 

Spain,  March  19,  1870;  Italy,  July  22,  1878;  United  States, 
March  9,  1880 ;  Roumania,  January  12,  1881  ;  Servia,  January 
7-15,  1885. 

France. 
Brazil,   December   10,    1860;    Italy,  July   26,    1862;    Russia, 
April  1,  1874  ;  Greece,  January  7,  1876 ;  Salvador,  July  5,  1878. 

Great  Britain. 
United  States,  July  3,  1818;  Buenos  Ayres,  February  2, 
1825;  Venezuela,  April  18,  1825;  Mexico,  December  26,  1826; 
Greece,  October  11,1837;  rem,  June  5,  1837,  April  16,  1850; 
Muscat,  May  31,  1839;  Persia,  October  28,  1841,  March  4,  1857; 
Abyssinia,  November  2,  1849 ;  Liberia,  November  21,  1848 ; 
Dominica,  March  6,  1850;  Jobauna,  June  3,  1850;  Equator, 
May  3,  1851  ;  Sandwich  Islands,  July  10,  1851  ;  Siam,  April  18, 
1855,  May  13,  1856;  Switzerland,  September  6,  1855;  Russia, 
March  30,  1856,  June  12,  1859;  Morocco,  December  9,  1856; 
Japan,  August;  26,  1858  ;  China,  June  26, 1858 ;  Salvador,  October 
24,  1862;  Italy,  August  6,  1863;  Madagascar,  June  27,  1865; 
Columbia,  February  16,  1866;  Brazil,  April  22,  1873;  Zanzibar, 
April  30,  1886. 

Germany  and  Prussia. 

Netherlands,  Jane  16,  1856;  Italy,  December  21,  1868, 
February  7,  1872;  Spain,  February  22,  1870;  United  States, 
December  11,  1871;  Russia,  I  >ecember  8, 1875  ;  Greece,  November 
20,  1881;  Brazil,  January  10,  1882  ;  Servia,  January  6,  1883. 

Greece. 
Great  Britain,  October  11,  1837;    France,  January  7,  1876; 
Germany,  November  20,  1881. 


CONSULAR   TREATIES.  157 

Italy. 
France,  July  26,  1862;  Peru,  May  3,  1863;  Great  Britain, 
August  6,  1863;  Portugal,  September  30,  1868,  July  16,  1875; 
Germany,  December  21,  1868,  February  7,  1872;  Guatemala, 
January  2,  1873 ;  Turkey,  February  24,  1873 ;  Austria,  May  15, 
1871 ;  Russia,  April  28,  1875  ;  Netherlands,  August  3,  1875  ;  Sal- 
vador, July  25,  1876;  Brazil,  August  6,  1876  ;  Belgium,  July  22, 
1878 ;  Switzerland,  July  28,  1879  ;  United  States,  May  8,  1878 ; 
Servia,  November  9,  1879. 

Netherlands. 
Prussia,  June  16,  1856  ;  United  States,  May  23,  1858  ;  Brazil, 
September  27,  1858 ;  Italy,  August  3,  1875 ;  Spain,  November  18, 
1871,  February  10,  1873 ;    Portugal,  December  1,  1880 ;  Russia, 
April  14,  1883 ;  Hayti,  May  18,  1883. 

Portugal. 
Italy,  September  30,  1868,  July  16,  1875 ;  Austria,  January  9, 
1873  ;  Netherlands,  December  1,  1880. 

Roumania. 
Switzerland,  February  14,  1880;  Belgium,  January  12,  1881. 

Russia. 
Great  Britain,  March  30,  1856,  June  12,  1859 ;    France,  April 
1,  1874;    Germany,  December  8,  1875;    Italy,  April  28,  1875; 
Spain,  February  23,  1876;   Netherlands,  April  14,1883;   United 
States,  May  25,  1884. 

Servia. 
Italy,   November   9,    1879;    Austria,   May   6,   1881;    United 
States,  October  2-15,  1881 ;  Germany,  January  6,  1883  ;  Belgium, 
January  7-15,  1885. 

Spain. 
Italy,  July  26,  1862;    Spain,   February  22,   1870;   Belgium, 
March  19,  1870;  Netherlands,  November  18,  1871,  February  10, 
1873  ;  Russia,  February  23,  1876. 

Switzerland. 
Great  Britain,  September  6,  1855 ;  Brazil,  October  12,  1878 ; 
Italy,  January  28,  1879 ;  Roumania,  February  14,  1880. 


158  INTERNATIONAL   LAW. 

Turkey. 

Italy,  February  24,  1873. 

American  States. 

Brazil. 

Netherlands,  September  27,  1858;  France,  December  10,  18G0; 

Great  Britain,  April  22,  1873  ;  Italy,  August  6,  1876  ;  Netherlands, 

May  8,  1878 ;  Switzerland,  October  12,  1878 ;  Germany,  January 

10,  1882. 

Buenos  Ay  res. 

Great  Britain,  February  2,  1825. 

Colombia. 
Great  Britain,  February  16,  1866. 

Dominica. 
Great  Britain,  March  6, 1850. 

Equator. 
Great  Britain,  May  3,  1851. 

Guatemala. 
Italy,  January  2,  1873. 

Hayti. 
Netherlands,  May  18,  1883. 

Mexico. 
Great  Britain,  December  6,  1826. 

Peru. 
Great  Britain,  June  5, 1837,  April  16, 1850 ;  Italy,  May  3, 18C3. 

Salvador. 

Great  Britain,  October  24,  1862 ;  United  States,  December  6, 
1870;  Italy,  January  7,  1876  ;  France,  July  5,  1878. 

Sandwich  Islands. 
Great  Britain,  July  10,  1851. 


CONSULAR   TREATIES.  159 

United  States.    • 
Great  Britain,   July  3,  1818;    Netherlands,    May   23,  1858; 
Austria,  July  11,  1870;  Salvador,  December  6,  1871;  Germany, 
December  11,  1871 ;  Italy,  May  8, 1878;  Belgium,  March  9, 1880; 
Servia,  October  2-15,  1881 ;   Russia,  May  25,  1884. 

1  enezuela. 
Great  Britain,  April  18,  1825. 

Africax  States. 

Johanna. 
Great  Britain,  June  3,  1850. 

Liberia. 
Great  Britain,  November  28,  1848. 

Madagascar. 
Great  Britain,  June  27, 18G5. 

Morocco. 
Great  Britain,  December  9,  1856. 

Muscat. 
Great  Britain,  May  31,  1839. 

Zanzibar. 
Great  Britain,  April  30,  1866. 

Asiatic  States. 

China. 
Great  Britain,  June  26,  1858. 

Japan. 
Great  Britain,  August  28,  1S58. 

Persia. 
Great  Britain,  November  2,  1849. 

Siam. 
Great  Britaiu,  April  18, 1855,  May  13,  1850. 


160  INTERNATIONAL   LAW. 


CHAPTER   XL 

TREATY   CLAUSES   CONCERNING    COMMERCE   AND 
NAVIGATION. 

202.  The  right  to  trade,  itself  an  imperfect  right, 
may  be  perfected  by  Treaties. 

203.  States  have  a  right  to  trade  with  each 
other's  dominions  and  possessions,  and  to  enjoy 
the  same  rights,  privileges,  liberty,  favours,  im- 
munities, and  exemptions  in  matters  of  commerce 
and  navigation  which  are  or  may  be  enjoyed  by 
native  subjects,  the  subjects  of  each  contracting 
party  conforming  themselves  to  the  laws  of  the 
country. 

204.  Under  "  the  most  favoured  clause," 
no  higher  or  other  duties  can  be  imposed  on  the 
importation  into  the  dominion  of  one  party  of 
any  article  the  growth,  produce,  or  manufacture 


TREATY   CLAUSES  REGARDING    COMMERCE.       161 

of  the  other,  and  no  higher  or  other  duties  can 
be  imposed  on  the  importation  into  one  country 
of  any  article  the  growth,  produce,  or  manu- 
facture of  the  other,  than  are  or  shall  be  payable 
on  the  same  or  the  like  articles,  being  the  produce 
or  manufacture  of  any  other  foreign  country. 
And  no  higher  or  other  duty  or  charges  can  be 
imposed  on  either  of  the  two  countries  on  the 
exportation  of  any  article  to  the  territories  of 
the  other  than  such  as  are  payable  on  the  ex- 
portation of  the  same  or  the  like  article  to  any 
other  foreign  country. 

205.  No  prohibition  can  be  imposed  upon 
the  importation  of  any  article  the  growth,  pro- 
duce, or  manufacture,  of  the  territories  of  either 
of  the  contracting  parties  into  the  territories  of 
the  other  which  shall  not  equally  extend  to  the 
importation  of  the  same  or  the  like  article,  being 
the  growth,  produce,  or  manufacture  of  any  other 
country  ;  and  no  prohibition  can  be  imposed  on 
the  exportation  of  any  article  from  the  territories 
of  either  of  the  contracting  parties  to  the  terri- 
tories of  the  other,  which  shall  not  equally  extend 
to  the  exportation  of  the  same  or  the  like  article 
to  the  territories  of  all  other  nations. 


1G2  INTERNATIONAL   LAW. 

206.  No  duties  of  tonnage,  harbour,  pilotage, 
lighthouse,  quarantine,  or  other  similar  or  corre- 
sponding duties,  of  whatever  nature  or  under 
whatever  denomination,  levied  in  the  name  of  the 
Government,  public  functionaries,  corporations, 
or  establishments  of  whatever  kind,  can  be 
imposed  in  the  ports  of  either  country  which 
shall  not  be  equally  imposed  in  the  like  cases 
upon  national  vessels. 

207.  The  subjects  of  both  contracting  parties 
have  the  right  to  carry  on  their  commerce  by 
wholesale  or  by  retail,  and  either  in  person  or  by 
any  agent  whom  they  may  think  fit  to  employ. 

208.  They  are  not  subject  in  respect  of  their 

■ 

persons  or  property,  or  in  respect  of  passports, 
licences  for  residence  or  establishment,  or  in 
respect  of  their  commerce  or  industry,  to  any 
taxes,  whether  general  or  local,  nor  to  imposts  or 
obligations  of  any  kind  whatever,  other  or 
greater  than  those  which  are  or  may  be  imposed 
upon  native  subjects. 

209.  They  enjoy  in  the  dominions  and  posses- 
sions of  each  other  equality  of  treatment  with 
native   subjects   in   regard    to   loading  and  un- 


TREATY  CLAUSES  REGARDING  COMMERCE.       1G3 

loading,  to  warehousing,  and  to  the  transit  trade, 
as  also  in  regard  to  bounties,  facilities,  etc. 

210.  They  have  the  same  rights  as  native 
subjects  as  regard  the  patents  for  inventions, 
trade  marks,  and  designs,  upon  fulfilment  of  the 
formalities  prescribed  by  law. 

211.  All  vessels  which  according  to  the 
laws  of  each  contracting  party  are  to  be  deemed 
national  vessels,  or  vessels  belonging  to  the 
subjects  of  that  State,  shall  also  be  respectively 
deemed  national  vessels,  and  vessels  belonging 
to  the  subjects  of  the  same. 

212.  If  any  ship  of  war  or  merchant  vessel 
of  one  of  the  contracting  parties  should  run 
aground  or  be  wrecked,  or  meet  with  any 
casualty  upon  the  coast  of  the  other,  the  same 
aid  or  assistance  must  be  rendered  to  it,  and  to 
the  cargo,  apparel,  and  furniture  thereof,  as  to  a 
national  vessel ;  and  in  such  a  case  no  other 
expense  is  to  be  paid  by  the  owners  or  their 
agents  and  representatives  for  the  preservation 
of  the  property,  or  of  the  lives  of  the  persons  on 
board  the  ship,  than  would  be  payable  in  the  like 
case  of  a  wreck  or  casualty  to  a  national  vessel. 


164  INTERNATIONAL   LAW. 

213.  In  case  the  master  of  a  merchant  vessel 
should  be  under  the  necessity  of  disposing  of 
part  of  his  merchandise  in  order  to  defray  any 
salvage  expenses,  no  impediment  shall  be  offered 
by  the  authorities,  the  master  being  bound  to 
conform  to  the  existing  regulations  and  tariffs. 

214.  Goods  and  merchandise  saved  from  the 
wreck  are  to  be  exempt  from  all  duties  of  customs, 
unless  cleared  for  consumption. 

215.  If  a  seaman  of  one  of  the  contracting 
parties,  after  serving  on  board  a  ship  of  the 
other  contracting  State,  should  remain  behind 
in  a  third  State,  or  in  its  Colonies,  or  in  the 
Colonies  .  of  that  State  whose  flag  the  ship 
carries,  and  the  said  seaman  is  in  a  helpless 
condition  in  consequence  of  shipwreck,  or  from 
other  causes,  then  the  Government  of  the 
State  whose  flag  the  ship  bears  shall  be  bound 
to  support  the  said  seaman  until  he  enters  into 
the  ship's  service  again,  or  find  other  employ- 
ment, or  until  he  arrives  in  his  native  State  or 
its  Colonies,  or  dies. 

216.  Such  assistance  shall,  however,  be  granted 
on  condition   that  the  seaman   so  situated  shall 


TREATIES   OF   COMMERCE.  1G5 

avail  himself  of  the  first  opportunity  that  offers 
to  prove  his  necessitous  condition  and  the 
causes  thereof  to  the  proper  officials  of  the 
State  whose  support  is  to  be  solicited,  and  that 
the  destitution  is  shown  to  be  the  natural  con- 
sequence of  the  termination  of  his  service  on 
board  the  ship,  otherwise  the  aforesaid  liability 
to  afford  relief  lapses. 

217.  The  said  liability  is  also  excluded  if  the 
seaman  has  deserted,  or  has  been  turned  out  of 
the  ship  for  any  criminal  act,  or  left  it  on 
account  of  disability  for  service  in  consequence 
of  illness  or  wounding  resulting  from  his  own 
fault.  The  relief  includes  maintenance,  clothing, 
medical  attendance,  medicine,  travelling  ex- 
penses ;  in  case  of  death  the  funeral  expenses  are 
also  to  be  paid. 

The  following  Treaties  on  Commerce  and  Navigation 
have  been  concluded  since  1840  : — 

European  States. 
Austria  and  Austria-Hungary. 

Netherlands,  December  29,  1856;  Persia,  December  17,  1857; 
Great  Britain,  April  30, 1868,  December  5,  1876  ;  Portugal,  January 
13,  1872;  Sweden,  November  3,  1873,  November  26,  1873; 
Roumania,  June  22,  1875  ;  Germany,  December  16,  1S78;  Spain, 
July  2,  18S0;   France,  February  18,  18S3. 


166  INTERNATIONAL   LAW. 

Belgium. 

United  States,  July  12, 1858  ;  Prussia,  March  28, 1863  ;  Nether- 
lands, May  12, 1863  ;  Germany,  May  22, 1865  ;  Spain,  February  12, 
1870,  June  5,  1875;  France,  July  23,  1873,  October  31,  1881, 
July  31,  1882;  Portugal,  February  23,  1874;  Chile,  June  5, 1875  ; 
Spain,  May  4,  1878 ;  Roumania,  August  14,  1880  j  Venezuela, 
March  1,  1884  ;  Servia,  March  7-15,  1885. 

Denmark. 
Switzerland,  May  22,  1875. 

France. 
New  Grenada,  May  15,  1856,  January  27,  1857  ;    Russia,  June 
25,  1857  ;  Great  Britain,  January  23, 1860,  July  23, 1873,  January 

22,  1874;    Turkey,  April  29,  1860  ;  Belgium,  April  29,  1860,  July 

23,  1873  ;  Germany,  August  2,  1862;  Belgium,  October  31,  1881. 
January  31,  1882 ;  Portugal,  December  19,  1881,  May  6,  1882  ; 
Sweden  and  Norway,  December  30,  1881 ;  Switzerland,  February 
20,  1882 ;  Austria,  February  18,  1883. 

Germany. 
Mexico,  July  10,  1855;  Uruguay,  June  25,  1856;  Persia,  June 
25,  1857,  June  6, 1872  ;  Great  Britain,  November  11, 1857  ;  China, 
September  2,  1861,  May  30,  1865;  Turkey,  March  20,  1862; 
Fiance,  August  2,  1862;  Belgium,  March  28,  1863,  May  22,  1865; 
Great  Britain,  May  30, 1865  ;  Spain,  March  30, 1868,  July  2, 1883  ; 
Switzerland,  May  13,  1869;  Portugal,  March  9,  1872;  Italy, 
November  28,  1872;  Austria,  December  16,  1878;  Servia, 
January  6,  1883;  Greece,  July  9,  1884;  Dmriuican  Republic, 
January  30,  1885  ;  Zanzibar,  December  20,  1885. 

Great  Britain. 
Switzerland,  December  6,  1855;  Morocco,  December  9,  1856; 
Germany,  November  11,  1857,  May  30,  1865;  Russia,  January  12, 
1859 ;  France,  January  23,  1860,  July  23,  1873,  January  22, 1874, 
February  24,1882;  Austria,  April  30,  1868,  December  5,  1878, 
November  26,  1877;  Siam,  January  14, 1874  ;  Portugal,  December 
20,  1878,  March  8,  1879,  May  22,  1882;  Roumania,  April  5, 1880; 
Italy,  July  15,  1883;  Egypt,  March  3,  1884;  Greece,  November 
10,  1886. 


TREATIES   OF   COMMERCE. 


1G7 


TJie  following  Treaties  of  Commerce  and  Naviga- 
tion behueen  Gnat  Britain  and  Foreign  Powers  are 
now  in  force,  containing  most  favoured  nation 
clauses  (see  list  presented  to  Parliament,  1883)  : — 


Argentine  Confederation 


Austria 

Austria-Hungary 

Belgium 


Bolivia        ... 

Borneo 

Chile 
China 
Colombia 
Corea 

Costa  Rica  ... 

Denmark     ... 

Dominica    ... 

,,  ... 

Egypt 
Equador 

,,  ... 

France 


Germany 
Greece 

Italy 


February  2,  1825,  commerce  and 
navigation. 

July  10,1858,  free  navigation,  Parana- 
Uruguay. 

April  30,  1868,  navigation. 

December  5,  1876,  commerce. 

July  23, 1862,  commerce  and  naviga- 
tion. 

August  30,  1862.  cotton  yarn. 

November  13,  1862,  commerce  and 
navigation. 

September  29,  1840,  commerce  and 
navigation. 

May  27,  1847,  ditto. 

October  4,  1854,  ditto. 

June  26,  1858,  ditto. 

February  16,  1866,  ditto 

November  26,  1883,  friendship  and 
commerce. 

November  27,  1 849,  ditto. 

February  13,  1862,  ditto. 

March   6,  1850,  ditto. 

September  7,  1860,  ditto. 

March  3, 1884,  most  favoured  nation. 

May  3,  1851,  ditto. 

October  18,  1880,  ditto. 

January  26,  1826,  ditto. 

February  28,  1882,  commercial  and 
maritime. 

May  30,  1865,  commerce. 

October  4,  1837,  commerce  and  navi- 
gation ;  November  10,  1886. 

June  15,  1883,  ditto. 


168 


INTERNATIONAL   LAW. 


Japan 
„  ... 

Liberia 
Madagascar... 


,,         ... 

Montenegro 

» 

Morocco 

„  ... 

Muscat 
Netherlands 


13  •*• 

„  ... 

Nicaragua  ... 

Paraguay    ... 

Persia 

„  ... 

Peru 

Portugal 

»  ••• 

Prussia 

Roumania  ... 
,, 


October  14,  1854,  ditto. 

May  26,  1858,  ditto. 

November  21,  1848,  ditto. 

June  27,  1865,  ditto. 

February  1G,  1883,  holding  of  land 

by  British  subjects. 
May   25,    1883,   traffic   in    spiritous 

liquors. 
January   21,    1843,    commerce    and 

navigation. 
January   21,  1882,  interior   tax  on 

sales  of  goods. 
December  9,  1856,  general  treaty. 
December    9,  1886,   commerce    and 

navigation. 
May  31,  1839,  ditto. 
March  17,   1824,  commercial  inter- 
course colonies. 
October    27,    1837,    commerce    and 

navigation. 
March  27,  1851,  ditto. 
March  6,  1856,  consuls  in  colonies. 
February  11,    1860,   commerce  and 

navigation. 
October  16,  1884,    friendship,  com- 
merce, and  navigation. 
October  28,  1861,  ditto. 
March  6,  1857,  ditto. 
April  10,  1850,  ditto. 
July  3,  18-12,  ditto. 
May  22,  1882,  commerce,  etc. 
August    16,    1865,    commerce    and 

navigation. 
April  5,  1880,  ditto. 
April    5,   1880,    non-application    of 

Treaty  of  1880  to  South  African 

colonics. 
January  -,7.,,  1881,  non-application  of 

Treaty  to  Canada. 


TREATIES   OF   COMMERCE. 


169 


Russia         

Salvador 

Samoa 

Sandwich  Islands  ... 

Servia  ...         ... 

55  •••                ••« 

5)  ...                ... 

Si  am  ... 
» 


...  ... 


Spain  ...        ... 

,,  ... 

y>  ••• 

55  ...  ... 

„ 

,, 

Sweden  and  Norway- 
Switzerland 

Tonga  

Tunis  

,,  ...         ... 

Turkey 

United  States 

,,  ... 

,,  ... 

Venezuela   ... 


January  12,  1859,  commerce  and 
navigation. 

October  24,' 1862,  ditto. 

August  28,  1879,  commerce. 

July  10, 1881,  commerce  and  naviga- 
tion. 

February  7,  1880,  commerce. 

February  7,  1880,  Servian  frontier 
traffic. 

July  4,  1881,  commerce  and  non- 
application  of  Treaty  of  1880  to 
Canada  and  South  African  colonies. 

April  18,  1855,  commerce. 

April  6,  1883,  traffic  in  spirituous 
liquors. 

May  23, 16G7,  commerce  and  naviga- 
tion. 

July  13,  1713,  ditto. 

December  9,  1713,  ditto. 

December  14,  1715,  ditto. 

October  5,  1750,  ditto. 

July  5,  1814,  ditto. 

August  28,  1814,  ditto. 

April  26,  1886,  commercial  relations. 

March  18,  1826,  commerce  and  navi- 
gation. 

September  6, 1855,  commerce  and  resi- 
dence. 

November  29,  1879,  friendship. 

October  10,  1863,  commerce,  etc. 

July  19,  1879,  ditto. 

April  29,  1861,  commerce  and  navi- 
gation. 

July  3,  1815,  ditto. 
October  20,  1818,  ditto. 
August  6,  1827,  ditto. 
April  18, 1825,  ditto. 
October  29,  1834,  ditto. 


170  INTERNATIONAL   LAW. 

Greece. 

Egypt,  March  3,  1884;  Germany,  July  9,  1884;  Great  Britain, 
November  10,  1886. 

Italy. 

Netherlands,  November  24,  1863  ;  United  States,  February  26, 
1871;  Germany,  November  28,  1872,  May  4,  1883;  Bussia, 
December  26, 1872,  September  16,  1876  ;  Peru,  December  20, 187  I  ; 
Austria,  December  27, 1878 ;  Portugal,  July  15,  1882 ;  Belgium,  De- 
oember  11, 1882 ;  Switzerland,  March  22,  1883 ;  Montenegro,  March 
28,  1883. 

Montenegro. 

Italy,  March  28,  1873. 

Netherlands. 
Japan,  November  9,  1855,  January  30,  1856,  October  16,  1857; 
Austria,  December  29,  1855;  Tnuis,  January  17,  1856;  Turkey, 
February  23,  1862;  Belgium,  May  12,  1863;  Italy,  November 
24,  1863,  May  22,  1876 ;  Spain,  November  18,  1871 ;  Portugal 
December  20,  1874,  April  24,  1875. 

Portugal. 

Great  Britain,  July  3,  1842,  December  26, 1878,  May  22,  1882  ; 
Austria,  January  13,1872;  Italy,  July  25,  1872;  Switzerland, 
December  6,  1873;  Belgium,  February  23,  1874;  Netherlands, 
January  3,  1875,  April  24,  1875  ;  France,  December  19,  1881, 
May  6,  1882. 

Roumania. 

Austria,  June  22,  1875 ;  Kussia,  March  27,  1876 ;  Germany, 
November  14,  1877;  Great  Britain,  April  5,  1880;  Belgium, 
August  14,  1880 ;  Netherlands,  June  17,  1881. 

Servia. 
Austria,   February   22,    1882;    Germany,   January   6,    1883; 
Belgium,  March  7-15,  1885. 

Spain. 
Germany,  March  30,  1868,  November  14,  1877,  July  12,  1883 ; 
Belgium,  February  12,  1870 ;  Italy,  February  22,  1870,  June  23, 
1875;    Sweden  and   Norway,    February   28,  1871;    Netherlands, 


TREATIES   OF   COMMERCE.  171 

November  18,  1871 ;  Russia,  February  23, 187G  ;  France,  February 
6, 1882. 

Siveden  and  Norway. 
Spain,  February  25, 1871 ;  Austria,  November  3, 1873  ;  France, 
December  30,  1881. 

Switzerland. 

Great  Britain,  September  6,  1855 ;  Germany,  May  13,  1869, 
May  23,  1881,  May  4,  1883 ;  Russia,  December  26,  1872 ;  Por- 
tugal, December  6,  1873 ;  Denmark,  May  22,  1875 ;  Italy,  March 
22,  1883 ;  Spain,  May  14,  1883. 

Turkey. 

France,  April  29,  I860;  Netherlands,  February  23,  1862; 
Germany,  March  20,  1863. 

Asiatic  States. 

Annum. 
France,  August  31,  1874. 

Bokhara. 
Russia,  February  10,  1868. 

China. 
Germany,  September  2,  1861. 

Japan. 
Netherlands,  November  9, 1855,  December  30, 1856,  October  16, 
1857  j  United  States,  July  29,  1858,  July  25,  1878. 

Persia. 
Germany,  June  25,  1857,  June  6,  1874  ;  Austria,  December  17, 
1857. 

Siam. 

■ 

United. States,  May  29,  1856  ;  Great  Britain,  January  14,  1874. 


172  INTERNATIONAL   LAW. 

African  States. 

Egyi  t. 
Greece,  March  3, 1884. 

Tunis. 
Austria,  January  17,  1856. 

Zanzib  ir. 
Germany,  December  20,  1885. 

American  States. 
Brazil. 
Paraguay,  January  18,  1872,  April  30,  1874. 

Chile. 
Belgium,  June  5,  1875. 

Dominican  Republic. 
Germany,  January  30,  1885. 

Haivaii. 
United  States,  January  30,  1875. 

Mexico. 
Germany,  July  10,  1855;  Italy,  December  14,  1S70;  United 
States,  January  20,  1883. 

Nciv  Grenada. 
France,  January  27,  1857,  May  15,  1876. 

Paraguay. 

Brazil,  January  18, 1872,  April  30, 1874. 

Fern. 
Russia,  May  10,  1874 ;  Italy,  December  20,  1874. 

United  States. 
Two  Sicilies,  October  1,  1855;  Siam,  May  29,  1856;  Japan, 
July  17,   1858,  July  25,  1858;   Belgium,  July  17,  1858;  Italy, 
February  26,  1871;  Hawaii,  January  30,  1875;  Mexico,  January 
20,  1883. 

Venezuela. 
Belgium,  March  1,  1S84. 


CHAPTER  XII. 

TREATY   CLAUSES   CONCERNING   FISHERIES. 

218.  States  have  an  exclusive  right  of  fishery 
within  the  distance  of  three  miles  from  low-water 
mark  along  the  whole  extent  of  their  coasts. 

219.  The  mile  is  a  geographical  mile,  whereof 
sixty  make  a  degree  of  latitude. 

The  following  are  special  Treaties  on  the  subject  of 
fisheries  : — 

Convention  betiveen  Great  Britain  and  France, 
November  11,  1867. 

"I.  British  fishermen  shall  enjoy  the  exclusive 
right  of  fishery  within  the  distance  of  three  miles 
from  low-water  mark  along  the  whole  extent  of  the 
coasts  of  the  British  Islands,  and  French  fishermen 
shall  enjoy  the  exclusive  right  of  fishery  within  the 
distance  of  three  miles  from  low-water  mark  along 
the  whole  extent  of  the  coast  of  France,  the'  only 


174  INTERNATIONAL   LAW. 

exception  to  this  rule  being  that  part  of  the  coast  of 
France  which  lies  between  Cape  Carteret  and  Point 
Meinga.  The  distance  of  three  miles  fixed  as  the 
general  limit  for  the  exclusive  right  of  fishery  upon 
the  coast  of  the  two  countries,  shall,  with  respect  to 
bays,  the  mouths  of  which  do  not  exceed  ten  miles  in 
width,  be  measured  from  a  straight  line  drawn  from 
headland  to  headland.  The  miles  mentioned  in  the 
present  Convention  are  geographical  miles,  whereof 
sixty  make  a  degree  of  latitude. 

"  III.  The  arrangements  of  the  Convention  shall 
apply  beyond  the  fishery  limits  of  both  Countries  as 
defined  by  the  same  in  the  seas  surrounding  and 
adjoining  Great  Britain  and  Ireland,  and  adjoining 
the  Coasts  of  France  between  the  frontiers  of  Belgium 
and  Spain.  The  rules  respecting  Oyster  fishery  shall, 
however,  be  observed  only  in  the  seas  comprised 
within  the  limits  thereafter  defined. 

"  X.  Fishing  of  all  kinds,  by  whatever  means  and 
at  all  seasons,  may  be  carried  on  in  the  seas  lying 
beyond  the  fishery  limits  which  have  been  fixed  for 
the  two  Countries,  with  the  exception  of  that  for 
Oysters  as  thereafter  expressed. 

"XXIV.  All  infractions  of  the  regulations  con- 
cerning  the  placing  of  boats  on  the  fishery  grounds, 
the  distance  to  be  observed  between  them,  the  pro- 
hibition of  0}rster  fishing  during  a  portion  of  the  year, 
and  concerning  every  other  operation  connected  with 
the  act  of  fishing,  and   more  particularly  concerning 


TREATY   CLAUSES   CONCERNING   FISHERIES.      175 

circumstance  likely  to  cause  damage,  shall  be  taken 
co-o-nizance  of  by  the  cruisers  of  either  nation,  which- 
ever may  be  the  nation  to  which  the  fishermen  guilty 
of  such  infractions  may  belong. 

"XXXI.  Fishing  boats  of  either  of  the  two 
countries  shall  be  admitted  to  sell  their  fish  in  such 
parts  of  the  other  country  as  may  be  designated 
for  that  purpose,  on  condition  that  they  conform  to 
the  regulations  mutually  agreed  upon. 

"  XXXII.  The  fishing  boats  of  the  one  country 
shall  not  enter  within  the  fishery  limits  fixed  for  the 
other  country,  except  under  the  following  circum- 
stances : — 

"  1.  When  driven  by  stress  of  weather  or  by 
evident  damage. 

"  2.  When  carried  in  by  contrary  winds,  by  strong- 
tides,  or  by  any  other  cause  beyond  the  control  of 
master  and  crew. 

"  3.  When  obliged  by  contrary  winds  or  tide  to 
beat  up  in  order  to  reach  their  fishing  ground,  and 
when,  from  the  same  cause  of  contrary  wind  or  tide, 
they  could  not,  if  they  remained  outside,  be  able  to 
hold  on  their  course  to  their  fishing  ground. 

"  4.  When  during  the  herring  fishing  season  the 
herring  boats  of  the  one  country  shall  find  it  neces- 
sary to  anchor  under  shelter  of  the  coasts  of  the  other 
country,  in  order  to  await  the  opportunity  for  pro- 
ceeding to  their  fishing  ground. 

"5.  When  proceeding  to  any  of  the  ports  of  the 


17C  INTERNATIONAL   LAW. 

other  country  open  to  them  for  the  sale  of  fish  in 
accordance  with  the  pi*eceding  article  ;  but  in  such 
case  they  shall  never  have  oyster  dredges  on  board. 

"The  Convention  shall  continue  in  force  for  ten 
years  from  the  day  on  which  it  may  come  into  opera- 
tion, and  subsequently  from  year  to  year." 

Convention  regarding  the  Newfoundland  Fisheries. 

By  the  Treaty  of  Utrecht  of  1713,  whilst  the 
Island  called  Newfoundland  was  ceded  by  the  French 
to  Britain,  the  French  were  allowed  to  catch  fish  and 
to  dry  them  on  land  in  that  part  only,  and  in  no  other 
besides  that,  of  the  said  island  which  stretches  from 
the  place  called  Cape  Bonavista  to  the  northern  point 
of  the  Island  and  from  thence,  running  down  by  the 
western  side,  reaches  as  far  as  the  place  called  Point 
Kiche. 

By  Art.  V.  of  the  Treaty  of  Paris  of  1763,  after 
renewing  the  above  provisions  regarding  liberty  of  the 
French  to  fish  and  dry  on  a  part  of  the  coast  of  New- 
foundland, liberty  was  given  to  the  French  to  fish  on 
the  Gulf  of  St.  Lawrence  at  the  distance  of  three 
leagues  from  the  coast,  and  on  the  coast  of  the  Island 
of  Cape  Breton  at  the  distance  of  fifteen  leagues  from 
the  coast,  the  Islands  of  St.  Pierre  and  Miquelon  being 
left  to  France  to  serve  as  a  shelter  to  the  French 
fishermen.  By  the  Treaty  of  Versailles  of  1783,  France 
renounced  the  right  of  fishing  from  Cape  Bonavista  to 


TREATY   CLAUSES   CONCERNING   FISHERIES.      177 

Cape  St.  John,  and  Britain  consented  that  the  French 
fishery  should  extend  on  the  western  coast  of  New- 
foundland to  the  place  called  Cape  Ray,  situate  in 
67°  50'  latitude. 


Arrangement  signed  at  Paris,  November  14,  1885. 

"Art.  1.  The  Government  of  Her  Majesty  the 
Queen  of  the  United  Kingdom  engages  to  comply 
with  the  following  regulations  for  securing  to  French 
fishermen,  in  execution  of  the  treaties  in  force,  and 
particularly  of  the  Declaration  of  1783,  the  free 
exercise  of  their  industry  on  the  Coast  of  Newfound- 
land, without  any  interference  or  obstruction  what- 
ever on  the  part  of  British  subjects. 

"Art.  2.  The  Government  of  the  French  Republic 
engages  on  its  part,  in  exchange  for  the  security 
accorded  to  French  fishermen  by  the  application  of 
the  regulations  contained  in  the  present  arrangement, 
not  to  raise  any  objections  against  the  formation 
of  establishments  necessary  for  the  development  of 
every  industry  other  than  that  of  the  fisheries  on 
those  portions  of  the  coasts  of  Newfoundland  com- 
prised between  Cape  St.  John  and  Cape  Ray. 

"It  engages  equally  not  to  disturb  the  resident 
British  subjects  in  respect  of  the  establishment 
actually  existing  on  those  parts  of  the  coast  com- 
prised between  Cape  St.  John  and  Cape  Ray  passing 
by  the  North,  but  no  new  ones  will  be  established  on 
9 


178  INTERNATIONAL  LAW. 

those  parts  of  the  coast  described  in  the  statement 
mentioned  in  the  preceding  paragraph. 

"Art.  3.  Notwithstanding  the  prohibition  stipulated 
at  the  end  of  the  second  paragraph  of  the  preceding 
article,  in  the  case  where  a  mine  should  be  discovered 
in  the  vicinity  of  any  one  of  the  coasts  comprised  in 
the  statement  annexed  to  the  present  arrangement, 
the  Government  of  the  French  Republic  engages  not 
to  raise  any  objection  to  the  persons  interested  en- 
joying, for  the  working  of  such  mine,  facilities  com- 
patible with  the  free  exercise  of  the  French  fisheries. 

"  Art.  4.  It  is  understood  that  French  citizens  shall 
retain  in  full,  on  all  those  parts  of  the  coast  comprised 
between  Cape  St.  John  and  Cape  Ray,  the  right  as  it 
is  denned  by  treaty  of  fishing  or  drying  and  curing 
their  fish,  etc.,  as  well  as  of  cutting  wood,  in  all  parts, 
except  on  enclosed  property,  necessary  for  fishing 
stages,  huts,  and  fishing  boats. 

"Art.  15.  The  French  Government  abandons  for  its 
subjects  the  salmon  fisheries  in  rivers,  and  only 
reserves  a  right  to  the  salmon  fishing  in  the  sea  and 
at  the  mouth  of  rivers  up  to  the  point  where  the 
water  remains  salt ;  but  it  is  forbidden  to  place  fixed 
barriers  capable  of  impeding  interior  navigation  or 
the  circulation  of  the  fish. 

"Art.  1G.  French  fishermen  shall  be  exempt  from 
the  payment  of  any  duties  on  the  importation  into 
that  part  of  the  Island  of  Newfoundland  comprised 
between  Cape  St.  John  and  Cape  Ray,  passing  by  the 


TREATY   CLAUSES   CONCERNING  FISHERIES.      179 

north,  of  all  articles,  goods,  provisions,  etc.,  which  are 
necessary  for  the  prosecution  of  their  fishing  in- 
dustry, for  their  subsistence,  and  for  their  temporary 
establishment  on  the  coast  of  this  British  possession. 

"  They  shall  also  be  exempt  on  the  same  part  of  the 
coast  from  the  payment  of  all  light  and  port  dues  and 
other  shipping  dues. 

"Art.  17.  French  fishermen  shall  have  the  right  to 
purchase  bait,  both  herring  and  capelin,  on  shore  or 
at  sea,  on  the  shores  of  Newfoundland,  free  from  all 
duty  or  restrictions,  subsequent  to  the  5th  of  April  in 
each  year  and  up  to  the  close  of  the  fishing  season." 

Convention   between  Great  Britain  and  the   United 
States  of  America,  London,  October  20,  1818. 

"Whereas  differences  of  opinion  have  arisen  re- 
specting the  liberty  claimed  by  the  United  States 
for  the  inhabitants  thereof  to  take,  dry,  and  cure  fish 
on  certain  coasts,  bays,  harbours,  and  creeks  of  His 
Britannic  Majesty's  dominions  in  America,  it  is  agreed 
between  the  high  contracting  parties  that  the  in- 
habitants of  the  said  United  States  shall  have  for 
ever,  in  common  with  the  subjects  of  His  Britannic 
Majesty,  the  liberty  to  take  fish  of  every  kind  on  that 
part  of  the  coast  of  Newfoundland  which  extends 
from  Cape  Ray  to  the  Rameau  Islands,  on  the  western 
and  northern  coast  of  Newfoundland  from  the  said 
Cape  Ray  to  the  Quirpon  Islands,  on  the  shores  of  the 
Magdalen  Islands,  and  also  on  the  coasts,  bays,  har- 


180  INTERNATIONAL   LAW. 

bours,  and  creeks  from  Mount  Joly  on  the  southern 
coast  of  Labrador  to  and  through  the  Straits  of  Belle- 
isle,  and  thence  northwardly  indefinitely  along  the 
coast,  without  prejudice,  however,  to  any  of  the  ex- 
clusive rights  of  the  Hudson's  Bay  Company ;  and 
that  the  American  fishermen  shall  also  have  liberty 
for  ever  to  dry  and  cure  fish  on  any  of  the  unsettled 
bays,  harbours,  and  creeks  of  the  southern  parts 
of  the  coast  of  Newfoundland  and  of  the  coast  of 
Labrador ;  but  as  soon  as  the  same  or  any  portion 
thereof  shall  be  settled,  it  shall  not  be  lawful  for  the 
said  fishermen  to  dry  or  cure  fish  without  previous 
agreement  for  such  purpose  with  the  inhabitants, 
proprietors,  or  possessors  of  the  ground.  And  the 
United  States  hereby  renounce  for  ever  any  liberty 
heretofore  enjoyed  or  claimed  by  the  inhabitants 
thereof  to  take,  dry,  or  cure  fish  on  or  within  three 
marine  miles  of  any  of  the  coasts,  bays,  creeks,  or  har- 
bours of  His  Britannic  Majesty's  dominion  in  America 
not  included  within  the  above-mentioned  limits ;  pro- 
vided, however,  that  the  American  fishermen  shall  be 
permitted  to  enter  such  bays  or  harbours  for  the 
purpose  of  shelter  and  of  repairing  damages  therein, 
of  purchasing  wood,  and  of  obtaining  water,  and  for 
no  other  purpose  whatever;  but  they  shall  be  under 
such  restrictions  as  may  be  necessary  to  prevent  their 
taking,  drying,  or  curing  fish  therein,  or  in  any  other 
manner  abusing  the  privileges  hereby  reserved  to 
them. 


TREATY   CLAUSES   CONCERNING   FISHERIES.      181 

"It  is  agreed  that  a  line,  drawn  from  the  most 
north-western  point  of  the  Lake  of  the  Woods  along 
the  forty-ninth  parallel  of  north  latitude,  or  if  the 
said  point  shall  not  be  in  the  forty-ninth  parallel  of 
north  latitude,  then  that  a  line  drawn  from  the  same 
point  due  north  or  south,  as  the  case  may  be,  until 
the  said  line  shall  intersect  the  said  parallel,  shall  be 
the  line  of  demarcation  between  the  territories  of  the 
United  States  and  those  of  His  Britannic  Majesty; 
and  that  the  said  line  shall  form  the  northern  boundary 
of  the  said  territories  of  the  United  States  and  the 
southern  boundaries  of  the  territories  of  His  Britannic 
Majesty  from  the  Lake  of  Woods  to  the  Stony 
Mountains." 

Agreement  between  Great  Britain  and  the  United 
States  of  America,  June  5,  1884. 

"  It  is  agreed  by  the  high  contracting  parties, 
that  in  addition  to  the  liberty  reserved  to  the  United 
States  fishermen  by  the  above-mentioned  Convention 
of  October  20,  1818,  of  taking,  curing,  and  drying 
fish  on  certain  coasts  of  the  British  North  American 
Colonies  thereon  defined,  the  inhabitants  of  the  United 
States  shall  have,  in  common  with  the  subjects  of  Her 
Britannic  Majesty,  the  liberty  to  take  fish  of  every 
kind,  except  shell-fish,  on  the  sea-coasts  and  shores  and 
in  the  bays,  harbours,  and  creeks  of  Canada,  New 
Brunswick,  Nova  Scotia,  Prince  Edward's  Island,  and 
of    the   several    islands   thereunto   adjacent,  without 


182  INTERNATIONAL   LAW. 

being  restricted  to  any  distance  from  the  shore ;  with 
permission  to  land  upon  the  coasts  and  shores  of  those 
Colonies,  and  the  islands  thereof,  and  also  upon  the 
Magdalen  Islands,  for  the  purpose  of  drying  their  nets 
and  curing  their  fish  ;  provided  that  in  so  doing  they 
do  not  interfere  with  the  rights  of  private  property,  or 
with  British  fishermen  in  the  peaceable  use  of  any  part 
of  the  said  coast  in  their  occupancy  for  the  same  purpose. 

"  It  is  understood  that  the  above-mentioned  liberty 
applies  solely  to  the  sea  fishery,  and  that  the  salmon 
and  shad  fisheries,  and  all  fisheries  in  rivers  and  the 
mouths  of  rivers,  are  herely  reserved  for  British 
fishermen. 

Art.  II.  It  is  agreed  by  the  high  contracting 
parties  that  British  subjects  shall  have,  in  common 
with  the  citizens  of  the  United  States,  the  liberty  to 
take  fish  of  every  kind,  except  shell-fish,  on  the 
eastern  sea-coasts  and  shores  of  the  United  States  north 
of  the  thirty-sixth  parallel  of  north  latitude,  and  on 
the  shores  of  the  several  islands  thereunto  adjacent, 
and  in  the  bays,  harbours,  and  creeks  of  the  said  sea- 
coasts  and  shores  of  the  United  States  and  of  the  said 
islands,  without  being  restricted  to  any  distance  from 
the  shore ;  with  permission  to  land  upon  the  said 
coasts  of  the  United  States  and  of  the  islands  afore- 
said for  the  purpose  of  drying  their  nets  and  curing 
their  fish ;  provided  that  in  so  doing  they  do  not  inter- 
fere with  the  rights  of  private  property,  or  with  the 
fishermen  of  the  United  States  in  the  peaceable  use  of 


TREATY   CLAUSES   CONCERNING   FISHERIES.      183 

any  part  of  the  said  coasts  in  their  occupancy  for  the 
same  purpose.  It  is  understood  that  the  above-men- 
tioned liberty  applies  solely  to  the  sea  fishery,  and 
that  salmon  and  shad  fisheries,  and  all  fisheries  in 
rivers  and  mouths  of  rivers,  are  hereby  reserved  ex- 
clusively for  fishermen  of  the  United  States." 

Differences  having  arisen  as  regards  the  extent  of 
the  renunciation  made  by  the  United  States  as  ex- 
pressed in  the  Convention  of  1818,  and  several  seizures 
of  American  vessels  having  been  made  in  Canada,  a 
Bill  was  passed  in  the  United  States  on  February  28, 
1887,  authorizing  the  President  to  protect  and  defend 
the  rights  of  American  fishing  vessels,  American  fisher- 
men, American  trading  and  other  vessels,  in  certain 
cases.  But  the  difference  has  been  adjusted  by  the 
appointment  of  a  Fishery  Commission,  composed  of 
three  members  from  each  side,  with  power  to  deal 
with  all  the  questions  affecting  the  North  American 
Fisheries. 

North  Sea  Fisheries. — Convention  between  Belgium, 
Denmark,  France,  Germany,  Great  Britain,  and 
the  Netherlands,  for  regulating  the  Police  of  the 
North  Sea  Fisheries,  May  15,  1882. 

"  1.  The  provisions  of  the  present  Convention,  the 
object  of  which  is  to  regulate  the  police  of  the 
fisheries  in  the  North  Sea  outside  territorial  waters, 
shall  apply  to  the  subjects  of  the  high  contracting 
parties. 


184  INTERNATIONAL   LAW. 

"  2.  The  fishermen  of  each  country  shall  enjoy  the 
exclusive  right  of  fishery  within  the  distance  of  three 
miles  from  low-water  mark  along  the  whole  extent  of 
the  coasts  of  their  respective  countries,  as  well  as  of 
their  dependent  islands  and  banks.  As  regards  bays, 
the  distance  of  three  miles  shall  be  measured  from  a 
straight  line  drawn  across  the  bay,  in  the  part  nearest 
the  entrance,  at  the  first  point  where  the  width  does 
not  exceed  ten  miles. 

"  The  present  Article  shall  not  in  any  way  prejudice 
the  freedom  of  navigation  and  anchorage  in  territorial 
waters  accorded  to  fishing  boats,  provided  they  con- 
form to  the  special  police  regulations  enacted  by  the 
Powers  to  whom  the  shores  belong. 

"  3.  The  miles  mentioned  in  the  preceding  Article 
are  geographical  miles,  whereof  sixty  make  a  degree 
of  latitude." 

Art.  4  fixes  the  limits  of  the  North  Sea. 

See  also  the  folloiving  Treaties: — 

Newfoundland,  Great  Britain,  and  France,  January  14,  1857. 

Russia  and  Sweden,  April  6,  1872. 

Baden  and  Switzerland,  March  25,  1875. 

Austria  and  Italy,  November  24,  1875. 

Italy  and  Switzerland,  November  8,  1882. 

Belgium  aud  Netherlands,  September  3, 1884. 


CHAPTER   XIII. 

THE   SLAVE-TRADE. 

220.  The   status  of  slavery   is  abolished   in   all 
civilized  States. 

Bologna  in  1256  enfranchised  all  the  slaves.  In 
1289  slavery  was  abolished  in  Florence. 

A  decision  of  the  Courts  in  England  in  1772,  in  the 
case  of  the  negro  (Somerset  v.  Steivart,  Lofft  1),  declared 
that  as  soon  as  a  slave  set  his  foot  on  English  soil  he 
became  free.  Cooper,  writing  in  1784,  in  his  "  Task  " 
says, "  Slaves  cannot  breathe  in  England ;  if  their  lungs 
receive  our  air,  that  moment  they  are  free ;  they  touch 
our  country  and  their  shackles  fall."  This  sentiment 
re-echoed  that  of  an  earlier  writer  relating  to  France : 
"  Servi  peregrini,  ut  primum  Gallise  fines  penetraverint 
eodem  momento  liberi  siunt "  (Boedinus,  lib.  i.  c.  5). 

221.  The  slave-trade  is  illegal,  and  those  who 
deal  in  slaves  commit  a  crime. 

In  1787  a  society  was  formed  in  London  for  the  sup- 
pression of  the  slave-trade;  an  Order  in  Council  in 
1805  prohibited  the  slave-trade  in  the  British  West 
Indies;  and  on  March  25,  1807,  an  Act  was  passed 


J 86  INTERNATIONAL   LAW. 

making  all  slave-trade  illegal  after  January  1,  1808. 
By  Treaties  concluded  with  Portugal  on  February  19, 
1810,  and  with  Denmark  on  January  14,  1814,  stipu- 
lations were  made  in  favour  of  the  abolition  of  the 
slave-trade.  And  by  the  Treaty  of  Paris  of  May  30, 
1814,  it  was  provided  that  France  should  unite  with 
England  in  obtaining,  at  a  future  Congress,  from  all 
Clmstian  Powers  the  abolition  of  the  slave-trade. 
The  Congress  of  Vienna  of  1815,  of  Aix-la-Chapelle 
of  1818,  of  Verona  in  1822,  adopted  the  same  principle. 
But  notwithstanding  these  special  Treaties  between  the 
different  Powers,  the  abolition  of  the  slave-trade  was 
not  held  as  a  principle  of  international  Law.  In  1841 
a  Treaty  was  concluded  between  Great  Britain, 
Austria,  France,  Prussia,  and  Russia,  which  not  only 
declared  the  slave-trade  illegal,  but  gave  to  the  con- 
tracting Powers  a  right  of  searching  merchant  vessels 
suspected  of  being  engaged  in  the  same.  France, 
however,  refused  to  ratify  the  Treaty,  and  the  other 
Powers  ratified  it  on  February  19,  1842.  Since  then 
the  leading  Powers  have  given  their  concurrence  to 
this  principle,  and  have  entered  into  obligations  to 
co-operate  in  preventing  the  slave-trade.  The  prin- 
cipal clauses  of  the  Treaties  are  as  follows  : — 

[Treaty  clauses  between  Great  Britain,  Austria, 
Prussia,  and  Russia,  signed  at  London,  December  20, 
1851;  France,  May  29,  1845  ;  Belgium,  February  24, 
1848  ;  the  Netherlands,  May  4,  1818,  and  August  31, 
1848  ;  the  United.  States,  February  17,  18G2,  and  June 


SLAVE-TRADE   TREATIES.  187 

3,  1870  ;  Portugal,  July  3,  1842,  and  July  18,  1871  ; 
Egypt,  August  4,  1877;  Germany,  March  29,  1879; 
Turkey,  January  25,  1883.] 

222.  The  Treaty  Powers  engage  to  prohibit 
all  trade  in  slaves,  either  by  their  respective 
subjects  or  under  their  respective  flags,  or  by 
means  of  capital  belonging  to  their  respective 
subjects,  and  to  declare  such  traffic  piracy.  Also 
that  any  vessel  which  may  attempt  to  carry  on 
the  slave-trade  shall  bv  that  fact  alone  lose  all 
right  to  the  protection  of  their  flag. 

223.  The  contracting  parties  consent  that 
ships  of  war  may  be  provided  with  power  to 
search  every  merchant  vessel  belonging  to  any 
one  of  the  contracting  parties  which  shall,  on 
reasonable  grounds,  be  suspected  of  being  engaged 
in  the  traffic  in  slaves,  or  of  having  been  fitted 
out  for  that  purpose,  or  of  having  been  engaged 
in  the  traffic  during  the  voyage  in  which  she 
shall  have  been  met  with  by  the  said  cruisers, 
and  that  such  cruisers  may  detain  and  send 
or  carry  away  such  vessels,  in  order  that  they 
may  be  sent  to  trial ;  the  said  essential  right  of 
search  not  to  be  exercised  within  the  Mediter- 
ranean Sea. 


188  INTERNATIONAL   LAW. 

224.  Each  of  the  contracting  parties  may 
choose  to  employ  cruisers  for  the  suppression  of 
the  slave-trade,  notification  being  sent  of  the 
fact  to  the  other  parties. 

225.  Wherever  a  merchant  vessel  sailing  under 
the  flag  of  one  of  the  contracting  parties  shall 
have  been  detained  by  a  cruiser  of  the  other,  duly 
authorized  to  that  effect,  such  merchant  vessel, 
the  master,  the  crew,  the  cargo,  and  the  slaves 
who  may  be  on  board  shall  be  brought  into  such 
place  as  the  contracting  parties  shall  have  re- 
spectively designated  for  that  purpose,  and  they 
shall  be  delivered  over  to  the  authorities  ap- 
pointed with  that  view  by  the  Government 
within  whose  possessions  such  place  is  situated, 
in  order  that  proceedings  may  be  had  with 
respect  to  them  before  the  competent  tribunals. 

226.  Proceedings  shall  be  immediately  taken 
against  the  vessel  detained,  her  master,  her  crew, 
and  her  cargo,  before  the  competent  tribunal  of 
the  country  to  which  she  belongs,  and  they  shall 
be  tried  and  adjudged  according  to  the  estab- 
lished forms  and  laws  in  force  in  that  country ; 
and  if  it  results  from  the  proceedings  that  the 
said  vessel  was  employed  in  the  slave-trade,  or 


SLAVE-TRADE   TREATIES.  189 

fitted  out  for  that  traffic,  the  vessel,  her  fittings, 
and  her  cargo  of  merchandise  shall  be  confiscated, 
and  the  master,  the  crew,  and  their  accomplices 
shall  be  dealt  with  conformably  to  the  laws  by 
which  they  shall  have  been  tried. 

227.  In  case  of  confiscation  the  proceeds  of 
the  sale  of  the  aforesaid  vessel  shall,  within  the 
space  of  six  months,  reckoning  from  the  date  of 
the  sale,  be  placed  at  the  disposal  of  the  Govern- 
ment of  the  country  to  which  the  ship  which 
made  the  capture  belongs,  in  order  to  be  employed 
in  conformity  with  the  laws  of  that  country. 

228.  By  the  Treaty  between  Her  Majesty 
and  the  King  of  Portugal  of  July  3,  1842,  and 
July  18,  1821,  Portugal  agreed  to  unite  in  the 
same  effort. 

229.  By  a  Convention  between  France  and 
Great  Britain,  dated  London,  May  29,  1845, 
France  entered  into  the  same  obligations. 

230.  By  a  Treaty  between  Great  Britain, 
Austria,  Prussia,  and  Russia  od  the  one  part,  and 
Belgium  on  the  other,  dated  London,  February 
24,  1848,  Belgium  acceded  to  the  Treaty  of 
December  20    1841. 


190  INTERN ATIONAL   LAW. 

231.  On  August  31,  1848,  several  Articles 
were  added  to  the  Treaty  of  May  4,  1818, 
signed  at  the  Hague,  between  Great  Britain  and 
the  Netherlands,  extending  the  boundary  and 
removing  the  limits  to  the  number  of  ships 
employed  in  the  suppression  of  the  slave-trade. 

232.  By  a  Treaty  between  Her  Majesty  and 
the  United  States  of  America,  signed  April  7, 
18G2,  amended  by  the  Treaties  of  February  17, 
18G3,  and  June  3,  1870,  the  United  States 
joined  in  exercising  the  right  of  search  and  the 
institution  of  mixed  courts  of  justice  to  decide 
all  cases  of  capture. 

233.  By  a  Convention  between  the  British 
and  Egyptian  Governments  of  August  4,  1877, 
the  Egyptian  Government  engaged  to  prohibit 
absolutely  the  importation  of  slaves  and  to 
punish  any  person  found  engaged  in  the  traffic 
in  slaves  ;  also  to  pursue  as  murderers  all  persons 
who  may  be  found  engaged  in  the  mutilation  of 
or  traffic  in  children. 

234.  By  a  Convention  between  the  Govern- 
ment of  Great  Britain  and  the  German  Empire 
of  March  29,  1879,  the  provisions  of  the  Treaty 


SLAVE-TRADE   TREATIES.  191 

of  December  20,   1841,  were   extended   to   the 
German  Empire. 

235.  By  a  Convention  between  Her  Majesty 
the  Queen  of  Great  Britain  and  Ireland  and  His 
Majesty  the  Sultan  of  January  25,  1880,  and  a 
declaration  signed  March  3,  1883,  Turkey  reserved 
absolutely  the  prohibition  of  the  slave-trade, 
engaged  to  forbid  the  importation  of  slaves,  and  to 
pursue  as  criminals  all  persons  who  may  be  found 
en^ao-ed  in  the  mutilation  of  or  traffic  in  children. 

236.  Treaties  regarding  the  slave-trade  also 
exist  with  Abyssinia,  the  Argentine  Confedera- 
tion, Bolivia,  Chile,  Equator,  Mexico,  New 
Grenada,  Persia,  Texas,  Uruguay,  aucl  Zanzibar. 

237.  Engagements  have  also  been  obtained 
from  the  following  African  Chiefs  to  prohibit  the 
import  or  export  of  slaves,  to  close  the  public 
markets  for  slaves,  and  to  protect  all  liberated 

slaves : — 

Sultan  of  Zanzibar,  June  5,  1873. 

Nukeeb  of  Maculla,  April  7,  1873. 

Sultan  of  Johanna,  March  8,  1873,  October  10,  18S2. 

Sultan  of  Muscat,  April  14,  1873. 

Jemadar  of  Shuhr,  November  17,  1873. 

King  of  Dahomey,  May  12,  1877. 

Sultan  of  Mohilla,  October  24,  1882. 

King  of  Abyssinia,  June  3,  1884. 


!'.»:>  INTERNATIONAL   LAW. 


CHAPTER  XIV. 

POSTAL   COMMUNICATION. 

Section  I. — Universal  Postal  Union. 

A  Treaty  for  the  formation  of  a  General  Postal 
Union  was  signed  at  Berne  on  October  9, 1874,  between 
Austria-Hungary,  Belgium,  Denmark,  Egypt,  France, 
Germany,  Great  Britain,  Greece,  Italy,  Luxembourg, 
Netherlands,  Norway,  Portugal,  Roumania,  Russia, 
Servia,  Spain,  Sweden,  Switzerland,  Turkey,  and  the 
United  States.  This  Treaty  was  revised  by  the  Con- 
vention of  Paris  of  June,  1878,  between  the  countries 
already  named  and  the  following  : — The  Argentine 
Republic,  Brazil,  certain  British  Colonies,  the  Danish 
Colonies,  the  French  Colonies,  Japan,  Mexico,  Mon- 
tenegro, the  Netherlands  Colonies,  Persia,  Peru,  the 
Portuguese  Colonies,  and  Salvador.  A  new  Con- 
vention  was  signed  at  Lisbon  on  November  3,  1880, 
with  provisions  for  the  Parcel  Post.  And  by  a  Con- 
vention signed  at  Lisbon  on  March  21,  1885,  several 
modifications  were  made  in  the  previous  Conventions, 
and  the  following  additional  countries  became  parties 


POSTAL  UNION.  193 

to  the  same,  viz.  Bolivia,  Bulgaria,  Chile,  the  United 
States  of  Colombia,  Costa  Rica,  Dominica,  Guatemala, 
Hayti,  Hawai,  Liberia,  Nicaragua,  Paraguay,  Siam, 
Uruguay,  and  Venezuela. 

The   principal   clauses   of    such    Treaties    are   as 
follow : — 

238.  The  countries  between  which  the  present 
Convention  is  concluded,  as  well  as  those  which 
may  join  it  hereafter,  form,  under  the  title  of 
"  Universal  Postal  Union,"  a  single  postal  terri- 
tory for  the  reciprocal  exchange  of  correspondence 
between  their  Post-offices. 

239.  The  stipulations  of  this  Convention 
extend  to  letters,  post-cards,  printed  papers  of 
every  kind,  commercial  papers,  and  patterns  or 
samples  of  merchandise,  originating  in  one  of  the 
countries  of  the  Union  and  intended  for  another 
of  those  countries.  They  also  apply,  as  far  as 
regards  conveyance  within  the  Union,  to  the 
exchange  by  post  of  the  articles  above  mentioned 
between  the  Countries  of  the  Union  and  countries 
foreign  to  the  Union  whenever  that  exchange 
makes  use  of  the  services  of  two  of  the  con- 
tracting parties  at  least. 


194  INTERNATIONAL   LAW. 

240.  The  right  of  transit  is  guaranteed 
throughout  the  entire  territory  of  the  Union. 

241.  There  is  maintained,  under  the  name  of 
the  "  International  Bureau  of  the  Universal  Postal 
Union,"  a  central  Office,  which  is  conducted  under 
the  surveillance  of  the  Swiss  Postal  Administra- 
tion, and  the  expenses  of  which  are  borne  by  all 
the  offices  of  the  Union. 

242.  In  case  of  disagreement  between  two  or 
more  members  of  the  Union  as  to  the  interpreta- 
tion of  the  present  Treaty,  the  question  in  dispute 
shall  be  decided  by  arbitration.  To  that  end 
each  of  the  offices  concerned  shall  choose  another 
member  of  the  Union  not  interested  in  the  affair. 
The  decision  of  the  arbitrators  shall  be  given  by 
an  absolute  majority  of  votes.  In  case  of  an 
equality  of  votes,  the  arbitrators  shall  choose, 
with  the  view  of  settling  the  difference,  another 
Administration  equally  uninterested  in  the 
question  in  dispute. 

To  the  Treaty  are  appended  detailed  regula- 
tions for  the  execution  of  the  Treaty  concluded 
at  Berne. 

243.  Congresses  of  plenipotentiaries  of  the 


SUBMARINE  TELEGRAPH  CABLES.      195 

countries  participating  in  the  Convention,  or 
simple  administrative  conferences,  according  to 
the  importance  of  the  question  to  be  solved,  are 
held,  when  a  demand  for  them  is  made  or  ap- 
proved by  two-thirds  at  least  of  the  Governments 
or  administrations,  as  the  case  may  be.  But  a 
Congress  shall  be  held  at  least  once  every  five 
years. 

Section  II. — International  Convention  for  the 
Protection   of  Submarine  Telegraph  Cables. 

[Convention  behveen  the  Argentine  Confederation, 
Austria-Hungary,  Belgium,  Brazil,  Costa  Rica,  Den- 
mark, Dominican  Republic,  France,  Germany,  Great 
Britain  and  Ireland,  Greece,  Guatemala,  Italy,  Luxem- 
bourg, Netherlands,  Persia,  Portugal,  Roitmania, 
Russia,  Salvador,  Servia,  Spain,  Stveden  and  Norway, 
Turkey,  the  United  States  of  America,  United  States 
of  Colombia,  and  Uruguay  (Paris,  March  14,  1874).] 

244.  The  Convention  applies  outside  terri- 
torial waters  to  all  legally  established  submarine 
cables,  landed  on  the  territories  or  possessions  of 
one  or  more  of  the  high  contracting  parties. 

245.  It  is  a  punishable  offence  to  break  or 
injure  a  submarine  cable,  wilfully  and  by  culpable 


]96  INTERNATIONAL   LAW. 

negligence,  in  such  manner  as  might  interrupt 
or  obstruct  telegraphic  communication,  cither 
wholly  or  partially,  such  punishment  being  with- 
out prejudice  to  any  civil  action  for  damages. 
This  provision  does  not  apply  to  cases  where 
those  who  break  or  injure  a  cable  do  so  with  the 
lawful  object  of  saving  their  lives  or  their  ships, 
after  they  have  taken  every  necessary  precaution 
to  avoid  so  breaking  or  injuring  the  cable. 

246.  The  contracting  parties  undertake  that, 
on  granting  a  concession  for  landing  a  submarine 
cable,  they  will  insist,  so  far  as  possible,  upon 
proper  measures  of  safety  being  taken,  both  as 
regards  the  track  of  the  cable  and  its  dimensions. 

247.  It  is  understood  that  the  stipulations 
of  the  present  Convention  do  not  in  any  way 
restrict  the  freedom  of  action  of  belligerents. 


Section  III. — International  Telegraphs. 

[Convention  between  Austria-Hungary,  Belgium, 
Denmark,  France,  Germany,  Greece,  Italy,  Nether- 
lands, Persia,  Portugal,  Russia,  Spain,  Siveden  and 
Norway,  Switzerland,  and  Turkey,  to  guarantee  and 
to  facilitate  the  International  Telegraph  Service.     To 


INTERNATIONAL  TELEGRAPHS.        197 

this  Treaty  Great  Britain  acceded  on  December  21, 
1875  (St.  Petersburg,  1875).] 

248.  The  contracting  parties  recognize  the 
right  of  all  persons  to  correspond  by  means  of 
the  international  telegraphs. 

249.  They  undertake  to  adopt  all  accessary 
measures  to  secure  the  secrecy  of  messages  and 
their  prompt  despatch. 

250.  They,  however,  announce  that  they 
accept  no  responsibility  on  account  of  the  service 
of  the  international  telegraphs. 

251.  Each  Government  undertakes  to  devote 
to  the  international  telegraph  service,  special 
wires,  in  sufficient  number  to  ensure  the  rapid 
transmission  of  telegrams.  These  wires  shall  be 
established  and  worked  in  the  best  manner  that 
experience  in  the  service  has  made  known. 

252.  Government  and  service  telegrams  may 
be  forwarded  on  all  occasions  in  secret  language. 
Private  telegrams  in  secret  language  may  be  ex- 
changed between  twro  States  which  admit  that 
mode  of  correspondence.  States  which  do  not 
admit  private   telegrams  in   secret  language  to 


198  INTERNATIONAL   LAW. 

emanate  from,  or  terminate  at,  their  offices,  will 
allow  them  to  pass  in  transit,  unless  the  Bervice 
be  suspended. 

253.  The  contracting  parties  reserve  to 
themselves  the  power  to  stop  the  transmission 
of  any  private  telegram  which  may  appear 
dangerous  to  the  security  of  the  State,  or  which 
may  be  contrary  to  the  laws  of  the  country,  to 
public  order,  or  decency. 

254.  Each  Government  also  reserves  to  itself 
the  power  to  interrupt  the  system  of  the  inter- 
national telegraphs  for  an  indefinite  period,  if  it 
judges  it  necessary,  either  generally  or  only  upon 
certain  lines  and  for  certain  kinds  of  messages, 
upon  condition  that  it  immediately  advises  each 
of  the  other  contracting  Governments. 

255.  A  central  office,  placed  under  the  su- 
perior authority  of  the  chief  administration  of 
one  of  the  contracting  Governments  designated 
for  that  purpose  in  the  service  regulations,  is 
appointed  to  collect,  arrange,  and  publish  infor- 
mation of  all  kinds  relating  to  international 
telegraphy. 

256.  Administrative    conferences    will    take 


MONEY   ORDERS.  199 

place  periodically ;    such   conference   fixing   the 
time  and  place  of  the  next  meeting. 


Section  IV.— Money  Orders. 

[Conventions  also  exist  relating  to  Money  Orders 
bettveen  Great  Britain  and  Belgium,  September  26, 
1871,  and  January  1,  1882 ;  Great  Britain  and  Den- 
mark, April  22,  1871, and  January  26,  1882;  Japan, 
May  10, 1881 ;  Portugal,  January  17,  1883;  Austria- 
Hungary,  June  3, 1885 ;  France  and  Canada,  June  20, 
1884;  Italy,  March  4,  1872,  and  November  5,  1881; 
Sweden,  September  7,  1881.] 

257.  The  remittance  of  sums  of  money  may 
be  made  by  means  of  post-office  orders. 

258.  The  post-offices  of  the  contracting 
parties  are  authorized  to  determine  by  common 
agreement,  and  to  modify,  when  required,  the 
measures  necessary  for  the  execution  of  the 
Convention. 

259.  Each  Power  has  also  the  rio;ht  to 
regulate  the  rate  of  commission  on  the  issue  of 
the  money  orders  which  shall  be  delivered  by  its 
officers.  It  is,  however,  agreed  that  the  rate  in 
question  shall  not  exceed  two  per  cent. 


200  INTERNATIONAL   LAW, 


Section  V. — Immunities  of  Mail  Packets. 

By  a  Convention  between  the  United  Kingdom 
and  France  relative  to  communication  by  post,  dated 
September  24,  185G,  it  was  agreed  as  follows: — 

Art.  V.  When  the  packets  employed  by  the  British 
Post  Office,  or  by  the  French  Post  Office,  in  execution 
of  Art.  I.  and  II.  of  the  present  Convention,  are 
national  vessels,  the  property  of  Government,  or 
vessels  chartered  or  subsidized  by  Government,  they 
shall  be  considered  and  treated  as  vessels  of  war  in 
the  ports  of  the  two  countries  at  which  they  regularly 
or  accidentally  touch,  and  be  there  entitled  to  the 
same  honours  and  privileges.  These  packets  shall  be 
exempted  in  the  said  ports,  as  well  upon  their  entrance 
as  upon  their  departure,  from  all  tonnage,  navigation, 
and  port  dues,  excepting  however  the  vessels  freighted 
or  subsidized  by  Government,  which  must  pay  such 
dues  in  those  ports  where  they  are  levied  on  behalf 
of  corporations,  private  companies,  or  individuals. 
They  shall  not  on  any  account  be  diverted  from  their 
especial  duty,  or  be  liable  to  seizure,  detention,  em- 
bargo, or  arret  de  Prince. 

Art.  VI.  The  packets  of  the  two  Offices  shall  be 
at  liberty  to  take  on  board,  or  land  at  the  ports  of  the 
two  countries  at  which  they  touch,  whether  regularly 
or  accidentally,  specie  and  gold  and  silver  bullion,  as 
well  as  passengers  of  whatever  nation  they  may  be, 


IMMUNITIES   OF   MAIL   PACKETS.  201 

with  their  wearing  apparels  or  luggage,  on  condition 
that  the  captains  of  these  packets  shall  submit  to 
the  sanitary,  police,  and  customs  regulations  of  these 
ports  concerning  the  arrival  and  departure  of  travel- 
lers. Nevertheless,  the  passengers  admitted  on  board 
these  packets  who  do  not  think  fit  to  land  during  the 
stay  at  one  of  the  said  ports,  shall  not  under  any 
pretext  be  removed  from  on  board,  be  liable  to  any 
search,  or  be  subjected  to  the  formality  of  a  visa  of 
their  passports. 

Art.  XI.  In  case  of  war  between  the  two  nations, 
the  packets  of  the  two  Offices  shall  continue  their 
navigation  until  a  notification  is  made  on  the  part  of 
either  of  the  two  Governments  of  the  discontinuance 
of  the  postal  communications,  in  which  case  they 
shall  be  permitted  to  return  freely  and  under  special 
protection  to  their  respective  ports. 


10 


202  INTERNATIONAL   LAW. 


CHAPTER  XV. 

MONETARY    UNION. 

2G0.  "With  a  view  to  establish  more  complete 
harmony  between  their  monetary  legislation,  and 
to  remedy  the  inconvenience  which  resulted  to 
the  people  of  their  respective  States  from  the 
diversity  of  titles  in  their  silver  token  coins, 
France,  Belgium,  Italy,  and  Switzerland  (the 
so-called  Latin  Union)  entered  into  a  Conven- 
tion, dated  December  23,  18G5,  under  which  the 
gold  and  silver  standard  coins  of  each  country 
were  made  current  throughout  the  territories  of 
the  Union,  and  circulation  was  also  given  to  the 
silver  token  coins  of  the  several  States  to  an 
amount  not  exceeding  six  francs  per  head  of  the 
population  of  each.  In  18G8  Greece  joined  the 
Union.  The  Treaty  was  for  fifteen  years,  and 
in    anticipation   of  the    end   of  that   period,   on 


MONETARY   UNION.  203 

November  5,  1878,  a  fresh  Convention  was 
signed,  prolonging  the  Union  for  a  further 
period  of  six  years  from  January  1,  1880,  and 
introducing  some  modifications  into  the  terms 
of  the  agreement.  In  1884  the  Monetary  Con- 
vention was  denounced  by  all  the  contracting 
States.  But  on  November  6,  1885,  the  Con- 
vention was  renewed  for  a  further  period  of  five 
years  from  January  1,  188G. 


CHAPTER  XVI. 

INDUSTRIAL    PROPERTY 

Section  I. — Patent  Laws. 

See  the  Patents,  Designs,  and  Trade  Maries  Act, 
1883,  for  the  United  Kingdom;  the  Patent  Laws  of 
France  of  July  5,  1884,  Germany,  July  1,  1877,  Italy, 
January  31,  18G4,  and  of  the  United  States,  Jane  22, 
1874. 

2G1.  The  Patent  Law  of  any  State  has  no 
force  as  such  in  any  other  State. 

262.  A  patent  is  a  protection  extended  by 
the  State  to  any  of  its  own  subjects  for  their 
exclusive  use  for  a  definite  time,  and  on  certain 
conditions,  of  any  useful  invention  or  designs. 

2G3.  A  patent  is  granted  for  a  new  manu- 
facture, including  an  improvement  in  or  addition 
to  a  manufacture,  a  machine,  or  instrument,  or 


PATENT   LAWS.  205 

chemical  discovery,   or  anything  which  is  sub- 
stantial and  new. 

264.  A  patent  may  be  also  granted  to  the  pro- 
prietor of  any  new  or  original  design,  the  same 
being  duly  registered. 

In  the  United  Kingdom  any  person,  whether  a 
British  subject  or  not,  may  make  an  application  for 
a  patent.  In  France  a  foreigner  may  obtain  a  patent 
of  invention.  In  the  United  Kingdom  an  application 
must  contain  a  declaration  to  the  effect  that  the 
applicant  is  in  possession  of  an  invention,  whereof 
he  or,  in  the  case  of  a  joint  application,  one  or  more 
of  the  applicants  claims  or  claim  to  be  the  true 
and  first  inventor  or  inventors,  and  for  which  he  or 
they  desires  or  desire  to  obtain  a  patent ;  and  must 
be  accompanied  by  either  a  provisional  or  complete 
specification.  In  the  United  Kingdom  an  invention 
means  any  manner  of  new  manufacture.  In  France 
a  patent  is  granted  for  every  new  discovery  or  in- 
vention in  all  departments  of  industry,  for  any  new 
industrial  product,  new  method,  or  new  application  of 
known  methods  for  obtaining  industrial  results.  In 
Germany  a  patent  is  granted  for  any  new  inven- 
tion which  can  be  turned  to  account  in  trade.  In 
Italy  an  invention  or  discovery  is  said  to  belong  to 
industry  whenever  its  immediate  product  or  result  re- 
lates to  industrial  pursuits.    Any  instrument,  machine, 


206  INTERNATIONAL    LAW. 

tool,  engine,  or  any  mechanical  arrangement ;  a  process 
or  method  of  manufacture ;  a  motor  or  the  applica- 
tion of  any  known  power  to  industrial  purposes  ;  and 
also  the  technical  application  of  a  scientific  principle, 
can  be  the  subject  of  a  patent,  provided  immediate 
results  in  industry  are  obtained  thereby.  In  the 
United  States  a  patent  is  granted  to  any  person  who 
has  invented  or  discovered  any  new  and  useful  art, 
machine,  manufacture,  or  composition  of  matter,  or  any 
new  and  useful  improvement  thereof  not  known  or 
used  by  others  in  the  country. 

265.  A  trade  mark  is  any  distinctive  device, 
mark,  brand,  heading,  Label,  ticket,  or  fancy 
words,  or  even  a  name  of  an  individual,  or  form 
printed,  impressed,  or  woven  in  some  particular 
and  distinct  manner  intended  to  mark  or  dis- 
tinguish the  goods  or  production  of  any  distinct 
person. 

266.  A  trade  mark  may  be  registered  for 
particular  goods  or  classes  of  goods. 

267.  A  trade  mark,  when  registered,  may  be 
assigned  and  transmitted  only  in  connection 
with  the  good-will  of  the  business  concerned  in 
the  particular  goods  or  classes  of  goods  for  which 
it  has  been  registered,  and  shall  be  determinable 
with  that  good-will. 


PATENT   LAWS.  207 

268.  By  the  British  law  it  is  provided  that 
if  Her  Majesty  should  make  any  arrangement 
with  the  Government  of  any  foreign  State  for 
mutual  protection  of  inventions,  designs,  and 
trade  marks,  or  any  of  them,  then  any  person 
who  has  applied  for  protection  for  any  invention, 
design,  or  trade  mark  in  any  such  State  shall  be 
entitled  to  a  patent  for  his  invention,  or  to 
registration  of  his  design  or  trade  mark,  as  the 
case  may  be,  in  priority  to  other  applicants ;  and 
such  patent  or  registration  shall  have  the  same 
elate  as  the  date  of  the  protection  obtained  in 
such  foreign  State,  provided  that  his  application 
is  made,  in  the  case  of  a  patent,  within  seven 
months,  and  in  the  case  of  a  design  or  trade 
mark,  within  four  months,  from  his  applying  for 
protection  in  the  foreign  State  with  which  the 
arrangement  is  in  force. 


Section  II. — Treaty  Clauses  concerning 
Industrial  Property. 

[Tnternat  ional  Conven Hon  between  Belgium, Brazil, 
France,  Guatemala,  Italy,  Netherlands,  Portugal, 
Salvador,  Spain,  Servia,  and  Switzerland,  signed  at 
Paris,  March  20,  1883.      Ratification  exchanged  at 


208  INTERNATIONAL   LAW. 

Paris,  June  6, 1884.  On  April  2,  1884,  Great  Britain 
and  Ireland  acceded  to  the  Convention  (Paris,  March 
20,  1883).] 

2G9.  The  subjects  or  citizens  of  each  of  the 
contracting  States  shall  in  all  the  other  States  of 
the  Union,  as  regards  patents,  industrial  designs 
or  models,  trade  marks,  and  trade  names,  enjoy 
the  advantages  that  their  respective  laws  now 
grant  or  shall  hereafter  grant  to  their  own 
subjects  or  citizens. 

270.  Consequently  they  shall  have  the  same 
protection  as  the  latter,  and  the  same  remedy 
against  any  infringement  of  their  rights,  provided 
they  observe  the  formalities  and  conditions  im- 
posed on  subjects  or  citizens  by  the  internal 
legislation  of  each  State. 

271.  Subjects  or  citizens  of  States,  not  form- 
ing part  of  the  Union,  who  are  domiciled  or 
have  industrial  or  commercial  establishments  in 
the  territory  of  any  of  the  States  of  the  Union, 
shall  be  assimilated  to  the  subjects  or  citizens  of 
the  contracting  States. 

272.  Any  person  who  has  duly  applied  for  a 
patent,    industrial    design    or    model,    or    trade 


INDUSTRIAL  PROPERTY.  209 

mark  in  one  of  the  contracting  States  shall  enjoy, 
as  regards  registration  in  the  other  States,  and 
reserving  the  rights  of  third  parties,  a  right  of 
priority  during  the  periods  hereinafter  stated. 

273.  Consequently,  subsequent  registration 
in  any  of  the  other  States  of  the  Union  before 
expiry  of  those  periods  shall  not  be  invalidated 
through  any  acts  accomplished  in  the  interval, 
either,  for  instance,  by  another  registration,  by 
publication  of  the  invention,  or  by  the  working 
of  it  by  a  third  party,  by  the  sale  of  copies  of  the 
design  or  model,  or  by  use  of  the  trade  mark. 

274.  The  above-mentioned  terms  of  priority 
shall  be  six  months  for  patents,  and  three  months 
for  industrial  designs,  and  models,  and  trade 
marks.  A  month  longer  is  allowed  for  countries 
beyond  sea. 

275.  The  introduction  by  the  patentee  into 
the  country  where  the  patent  has  been  granted  of 
objects  manufactured  in  any  of  the  States  of  the 
Union  shall  not  entail  forfeiture.  Nevertheless, 
the  patentee  shall  remain  bound  to  work  his 
patent  in  conformity  with  the  laws  of  the 
country  into  which  he  introduces  his  patented 
objects. 


210  INTERNATIONAL   LAW. 

276.  Every  trade  mark  duly  registered  in  the 
country  of  origin  shall  be  admitted  for  registra- 
tion and  protected  in  the  form  originally  registered 
in  all  the  other  countries  of  the  Union. 

277.  That  country  shall  be  deemed  the 
country  of  origin  where  the  applicant  has  his 
chief  seat  of  business. 

278.  If  the  chief  seat  of  business  is  not 
situated  in  one  of  the  countries  of  the  Union,  the 
country  to  which  the  applicant  belongs  shall  be 
deemed  the  country  of  origin.  Registration  may 
be  refused  if  the  object  for  which  it  is  solicited  is 
considered  contrary  to  morality  or  public  order. 

279.  The  nature  of  the  goods  on  which  the 
trade  mark  is  to  be  used  can  in  no  case  be  an 
obstacle  to  the  registration  of  the  trade  mark. 


O' 


280.  A  trade  name  shall  be  protected  in  all 
the  countries  of  the  Union  without  necessity  of 
registration,  whether  it  forms  part  or  not  of  a 
trade  mark. 

281.  All  goods  illegally  bearing  a  trade  mark 
or  trade  name  may  be  seized  on  importation  into 


INDUSTRIAL   PROPERTY.  211 

those  States  of  the  Union  where  that  mark  or 
name  has  a  right  to  legal  protection. 

282.  The  seizure  shall  be  effected  at  the 
request  of  either  the  proper  public  department, 
or  of  the  interested  party  pursuant  to  the  internal 
legislation  of  such  country. 

283.  The  provisions  of  the  preceding  article 
shall  apply  to  all  goods  falsely  bearing  the  name 
of  any  locality  as  indication  of  the  place  of  origin 
where  such  indication  is  associated  with  a  trade 
name  of  a  fictitious  character,  or  assumed  with  a 
fraudulent  intention. 

284.  Any  manufacturer  of  or  trader  in  such 
goods,  established  in  the  locality  falsely  desig- 
nated as  the  place  of  origin,  shall  be  deemed  an 
interested  party. 

• 

285.  The  contracting  parties  agree  to  grant 
temporary  protection  to  patentable  inventions,  to 
industrial  designs  or  models,  or  trade  marks,  for 
articles  exhibited  at  official  or  officially  recognized 
International  Exhibitions. 

286.  Each  of  the  contracting  parties  agree  to 
establish    a   special  Government  department  for 


212  INTERNATIONAL   LAW. 

industrial  property,  and  a  central  office  for  com- 
munication to  the  public  of  patents,  industrial 
designs  or  models,  and  trade  marks. 

287.  An  international  office  shall  be  organized 
under  the  name  of  "  Bureau  International  de 
l'Union  pour  la  Protection  de  la  Propriety 
Industrielle "  (International  Office  of  the  Union 
for  the  Protection  of  Industrial  Property). 

288.  This  office,  the  expense  of  which  shall 
be  defrayed  by  the  Governments  of  all  the  con- 
tracting States,  shall  be  placed  under  the  high 
authority  of  the  central  administration  of  the 
Swiss  Confederation,  and  shall  work  under  its 
supervision.  Its  functions  shall  be  determined 
by  agreement  between  the  States  of  the  Union. 

289.  The  present  Convention  shall  be  sub- 
mitted to  periodical  revisions,  with  a  view* to 
introducing  improvements  calculated  to  perfect 
the  system  of  the  Union. 

290.  To  this  end  conferences  shall  be  suc- 
cessively held  in  one  of  the  contracting  States  by 
delegates. 

291.  It  is  agreed  that  the  contracting  parties 


INDUSTRIAL   PROPERTY.  213 

respectively  reserve  to  themselves  the  right  to 
make  separately,  as  between  themselves,  special 
arrangements  for  the  protection  of  industrial 
property,  in  so  far  as  such  arrangements  do  not 
contravene  the  provisions  of  the  present  Con- 
vention. 

292.  States  which  have  not  taken  part  in  the 
present  Convention  shall  be  permitted  to  adhere 
to  it  at  their  request. 

Such  adhesion  shall  be  notified  officially 
through  the  diplomatic  channel  to  the  Govern- 
ment of  the  Swiss  Confederation,  and  by  the 
latter  to  all  the  others.  It  shall  imply  complete 
accession  to  all  the  clauses,  and  admission  to  all 
the  advantages  stipulated  by  the  present  Con- 
vention. 

293.  The  execution  of  the  reciprocal  engage- 
ments contained  in  the  present  Convention  is 
subordinated,  in  so  far  as  necessary,  to  the 
observance  of  the  formalities  and  rules  estab- 
lished by  the  constitutional  laws  of  those  of  the 
contracting  parties  who  are  bound  to  procure 
the  application  of  the  same,  which  they  engage 
to  do  with  as  little  delay  as  possible. 


214 


INTERNATIONAL   LAW. 


294.  The  present  Convention  shall  come  into 
operation  one  month  after  the  exchange  of 
ratifications,  and  shall  remain  in  force  for  an 
unlimited  time,  till  the  expiry  of  one  year  from 
the  date  of  its  denunciation.  This  denunciation 
shall  be  addressed  to  the  Government  com- 
missioned to  receive  adhesions.  It  shall  only 
affect  the  denouncing  State,  the  Convention 
remaining  in  operation  as  regards  the  other 
contracting  parties. 

295.  The  present  Convention  shall  be  ratified, 
and  the  ratifications  exchanged  in  Paris,  within 
one  year  at  the  latest. 

296.  The  subjects  or  citizens  of  each  of  the 
contracting  parties  shall  have  in  the  dominions 
and  possessions  of  the  other  the  same  rights  as 
belong  to  native  subjects  or  citizens,  or  as  are 
now  granted,  or  may  hereafter  be  granted,  to 
the  subjects  or  citizens  of  the  most  favoured 
nation,  in  everything  relating  to  property  in 
trade  marks  and  trade  labels. 

297.  It  is  understood  that  any  person  who 
desires  to  obtain  the  aforesaid  protection  must 
fulfil  the  formalities  required  by  the  laws  of  the 
respective  countries. 


INDUSTRIAL   PROPERTY.  215 

The  Senate  of  the  United  States  having  ratified 
the  Convention  of  March  20,  1883,  for  the  protection 
of  industrial  property,  as  well  as  the  Protocol  adopted 
May  11, 1886,  by  the  Conference  of  Rome,  the  Govern- 
ment of  the  United  States  have  acceded  to  the  Union 
from  May  30,  1887,  the  date  of  the  notification  ad- 
dressed by  the  United  States  Government  to  the 
Swiss  Legation,  and  the  United  States  will  rank  in 
the  first  class  as  far  as  regards  their  participation  in 
the  expenses  of  the  International  Office.  The  adhesion, 
however,  is  under  the  reserve  that,  inasmuch  as  the 
right  of  legislating  respecting  manufacturing  or  com- 
mercial marks  is,  to  a  certain  degree,  reserved  to  each 
of  the  States  of  the  American  Union,  the  stipulations 
of  the  Convention  shall  only  be  applicable  within  the 
limits  of  the  constitutional  powers  of  the  high  con- 
tracting parties. 

The  following  Treaties  on  Trade  Marks  have  been 
concluded : — 

European  States. 

Austr  ia-Hu  ngary. 

United  States,  November  25,  1871 ;  Russia,  February  5,  1874  ; 
Belgium,  January  12,  1880. 

Belgium. 

Saxony,  March.  11,  1866;  Italy,  May  28,  1872;  Germany, 
September  10,  1875;  Denmark,  November  15,  1875;  Brazil, 
September  2,  1876  ;  Austria,  January  12,  1880 ;  Netherlands, 
October  22,  1880  ;  Russia,  January  29,  1881  ;  Switzerland, 
February  11,  1881 ;    Roumania,  March  8,  1881 ;  Venezuela,  May 


216  INTERNATIONAL   LAW. 

25,  1882 ;  Luxembourg,  September  25,  1883 ;  United  States,  April 
7,  1886. 

Denmark. 

Belgium,  November  15,  1875  ;  Great  Britain,  November  15, 
1879;  France,  April  7, 1880;  Netherlands,  January  14,  1881. 

France. 

Italy,  June  10,  1874;  Brazil,  April  12,  187G;  Spain,  June 
30,  1876  ;  Venezuela,  May  3, 1879  ;  Luxembourg,  March  27, 1880 ; 
Denmark,  April  7,  1880 ;  Switzerland,  February  23,  1882. 

Germany. 

Saxony  with  Belgium,  March  11,  1866 ;  Russia,  January  20, 
1873 ;  Belgium,  September  10,  1875 ;  Netherlands,  December  28, 
1881. 

Great  Britain. 

Borneo,  May  27,  1847,  August  17,  1878;  Russia,  July  11, 
1871 ;  Spain,  December  14,  1875 ;  Denmark,  November  15,  1879 ; 
Portugal,  January  20,  1880 ;  Switzerland,  November  6,  1880. 

Italy. 

Brazil,  July  21,  1877  ;  Belgium,  May  28,  1872;  France,  June 
10,  1874  ;  United  States,  June  1,  1882. 

Luxembourg. 
Belgium,  September  25,  1883. 

Netherlands. 

Brazil,  July  26, 1878 ;  Luxembourg  and  France,  May  27, 1880 ; 
Belgium,  October  22,  1880  ;  Denmark,  January  14,  1881 ;  Russia, 
April  7,  1881 ;  Switzerland,  May  27,  1881 ;  Germany,  December 
28,  1881. 

Portugal. 

Great  Britain,  January  20,  1880. 

lionniania. 
Belgium,  March  8,  1881. 


INDUSTRIAL   PROPERTY.  217 

Russia. 

Great  Britain,  July  11,  1871;  Russia,  January  23,  1873; 
Austria,  February  5,  1874;  Belgium,  January  29,  1881. 

Spain. 

France,  June  30,  1876;  Great  Britain,  December  14,  1885; 
United  States,  June  19,  1882. 

Switzerland. 

Great  Britain,  November  6,  1880;  Belgium,  February  11, 
1881;   Netherlands,   December  28,  1881;    France,   February  23, 

1882. 

Amekican  States. 

Brazil. 
France,  April  12,  1876;  Belgium,  September  2,  1876;  Italy, 
July   21,   1877  ;    Netherlands,   July    26,    1878  ;   United   States, 
September  24, 1878. 

United  States. 

Russia,  January  26,  1868,  March  28,  1874 ;  Austria-Hungary, 
November  25,  1871;  Great  Britain,  October  24,  1877;  Brazil, 
September  24,  1878;  Italy,  June  1,  1882;  Spain,  June  19,  1882; 
Belgium,  April  7,  1886. 

Venezuela. 
Fiance,  May  3,  1879 ;  Belgium,  May  25,  1882. 

Borneo 
Great  Britain,  May  27,  1847. 


218  INTERNATIONAL   LAW. 


CHAPTER   XVIL 

COPYRIGHT. 

Section  I. — Copyright  Laws. 

298.  Copyright  is  the  exclusive  right  of  an 
author  to  copy,  print,  engrave,  photograph, 
translate,  "abridge,  or  multiply  what  he  has 
himself  produced  by  pen,  pencil,  or  chisel. 

299.  The  object  of  copyright  is  to  increase  the 
general  stock  of  learning  within  the  country,  and 
to  protect  the  author,  thereby  inducing  him  to 
publish  his  work. 

In  the  United  Kingdom  copyright  for  books  is  for 
forty-two  years  from  publication,  or  for  the  life  of  the 
author  and  a  term  of  seven  years  from  his  death.  In 
France  copyright  is  guaranteed  to  authors  and  their 
widows  during  their  lives,  to  their  children  for  twenty 
years,  and  if  they  leave  no  children,  to  their  heirs  for 
ten  years.      In  Prussia  copyright  continues  for  the 


INTERNATIONAL   COrYRIGHT.  219 

author's  life,  and  for  thirty  years  after  his  death.  In 
Austria  the  term  is  the  same.  In  Holland  copyright 
is  limited  to  the  life  of  the  author  and  twenty  years 
thereafter;  in  Denmark,  it  is  for  the  author's  life  and 
thirty  years ;  in  Sweden,  for  life  and  twenty  years ; 
in  Spain,  for  life  and  fifty  years  after ;  in  Russia,  for 
life  and  twenty-five  years,  and  for  ten  years  more  if 
an  edition  is  published  within  five  years  of  the  end  of 
the  first  term.  In  Greece  copyright  is  for  fifteen 
years  from  publication ;  in  Italy,  for  life  and  forty 
years,  with  a  second  term  of  forty  years,  during  which 
any  one  can  publish  the  work  upon  paying  a  royalty 
to  the  author  or  his  assigns ;  in  the  United  States, 
for  twenty-eight  years  from  the  time  of  recording  the 
title  thereof,  and  for  fourteen  years  more  if  recorded 
anew  within  six  months  before  the  expiration  of  the 
same. 

300.  The  persons  capable  of  obtaining  copy- 
right in  any  country  are — (1)  a  natural  born,  or 
a  naturalized  subject,  in  which  case  the  place  of 
residence  at  the  time  of  the  publication  of  the 
book  is  immaterial;  (2)  a  person  who,  at  the 
time  of  the  publication  of  the  book  in  which 
copyright  is  to  be  obtained,  owes  local  or 
temporary  allegiance  to  the  State,  by  residing 
at  that  time  in  some  part  of  the  same ;  and  (3) 
an  alien  friend  who  first  publishes  a  book  in  the 


220  INTERNATIONAL   LAW. 

country,    even   although    resident    out    of    the 
same. 

301.  By  Treaty  a  mutuality  of  literary  pro- 
tection has  been  secured,  whereby  the  republi- 
cation or  piracy,  in  either  country,  of  any  work 
of  literature  or  of  art  published  in  the  other, 
shall  be  dealt  with  in  the  same  manner  as  the 
republication  or  piracy  of  a  work  of  the  same 
nature  first  published  in  such  other  country. 


Section  II. — Treaty  Clauses  concerning 
Literature  and  Art. 

[Convention  concerning  the  protection  of  literary 
and  artistic  works  between  France,  Germany,  Great 
Britain,  Hayti,  Honduras,  Italy,  the  Netherlands, 
Spain,  Sweden  and  Norway,  Switzerland,  and  Tunis, 
September  18,  1885.]  A  conference  was  held  at 
Berne,  on  September  6, 188G,  for  the  purpose  of  signing 
the  International  Copyright  Convention.  But  the 
Convention  has  not  yet  been  laid  before  the  British 
Parliament. 

302.  The  contracting  States  are  formed  into 
a  Union  for  the  protection  of  the  rights  of  authors 
over  their  literary  and  artistic  works. 


INTERNATIONAL   COPYRIGHT.  221 

303.  Authors  of  any  of  the  countries  of  the 
Union,  or  their  lawful  representatives,  are  to 
enjoy  in  the  other  countries  for  their  works, 
whether  published  in  one  of  their  countries  or 
unpublished,  the  rights  which  the  respective  laws 
do  now  or  may  hereafter  grant  to  natives. 

304.  The  enjoyment  of  these  rights  in  respect 
to  the  accomplishment  of  the  conditions  and 
formalities  prescribed  by  law  in  the  country  of 
origin  of  the  work,  cannot  exceed  in  the  other 
countries  the  term  of  protection  granted  in  the 
said  country  of  origin. 

305.  The  country  of  origin  of  the  works  is 
that  in  which  the  work  is  first  published,  or  if 
such  publication  takes  place  simultaneously  in 
several  countries  of  the  Union,  that  one  of  them 
in  which  the  shortest  term  of  protection  is 
granted  by  law. 

306.  For  unpublished  works  the  country  to 
which  the  author  belongs  is  considered  the 
country  of  origin  of  the  work. 

307.  The  stipulations  of  the  present  Conven- 
tion apply  equally  to  the  publishers  of  literary 


222  INTERNATIONAL   LAW. 

and  artistic  works  published  in  one  of  the 
countries  of  the  Union,  but  of  which  the  "authors 
belong  to  a  country  which  is  not  a  party  to  the 
Union. 

308.  The  expression  "literary  and  artistic 
works  "  comprehends  books,  pamphlets,  and  all 
other  writings :  dramatic  or  dramatico-nmsical 
works ;  musical  compositions  with  or  without 
words ;  works  of  design,  painting,  sculpture,  and 
engraving ;  lithographs,  illustrations,  geographi- 
cal charts ;  plans,  sketches,  and  plastic  works 
relative  to  geography,  topography,  architecture, 
or  science  in  general ;  in  fact,  every  production 
whatsoever  in  the  literary,  scientific,  or  artistic 
domain  which  can  be  published  by  any  mode  of 
impression  or  reproduction. 

309.  Authors  of  any  of  the  countries  of  the 
Union,  or  their  lawful  representatives,  shall 
enjoy  in  the  other  countries  the  exclusive  right 
of  making  or  authorizing  the  translation  of  their 
works  until  the  expiration  of  ten  years  from  the 
publication  of  the  original  work  in  one  of  the 
countries  of  the  Union. 

310.  For  works  published  in  incomplete  parts 


INTERNATIONAL   COPYRIGHT.  223 

(Uvraisons)  the  period  of  ten  years  commences 
from  the  date  of  publication  of  the  last  part  of 
the  original  work. 

311.  For  works  composed  of  several  volumes 
published  at  intervals,  as  well  as  for  the  bulletins 
or  collectioDS  (cahiers)  published  by  literary  or 
scieutific  societies,  or  by  private  persons,  each 
volume,  bulletin,  or  collection  is,  with  regard  to 
the  period  of  ten  years,  considered  as  a  separate 
work. 

312.  In  the  cases  provided  for  in  the  present 
article,  and  for  the  calculation  of  the  period  of 
protection,  December  31  of  the  year  in  which  the 
work  was  published  is  admitted  as  the  date  of 
publication. 

313.  Authorized  translations  are  protected  as 
original  works.  They  consequently  enjoy  the 
protection  stipulated  in  Arts.  II.  and  III.,  as 
regards  their  unauthorized  reproduction  in  the 
countries  of  the  Union. 

314.  It  is  understood  that,  in  the  case  of  a 
work  for  which  the  translating  right  has  fallen 
into   the  public  domain,   the   translator   cannot 


224  INTERNATIONAL   LAW. 

oppose  the  translation  of  the  same  work  by  other 
writers. 

315.  Articles  from  newspapers  or  periodicals 
published  in  any  of  the  countries  of  the  Union 
may  be  reproduced  in  original  or  in  translation 
in  the  other  countries  of  the  Union,  unless  the 
authors  or  publishers  have  expressly  forbidden  it. 
For  periodicals  it  is  sufficient  if  the  prohibition 
is  made  in  a  general  manner  at  the  beginning  of 
each  number  of  the  periodical. 

316.  This  prohibition  cannot  in  any  case 
apply  to  articles  of  political  discussion,  or  to 
the  reproduction  of  news  of  the  day  or  current 
topics. 

317.  As  regards  the  liberty  of  extracting 
portions  from  literary  or  artistic  works,  for  use 
in  publications  destined  for  educational  or 
scientific  purposes,  or  for  chrestomathies,  the 
matter  is  to  be  decided  by  the  legislation  of  the 
different  countries  of  the  Union,  or  by  special 
arrangements  existing  or  to  be  concluded 
between  them. 

318.  The  stipulations   of  Art.    II.   apply  to 


INTERNATIONAL  COPYRIGHT.  225 

the  public  representation  of  dramatic  or  drama- 
tico-musical  works,  whether  such  works  be  pub- 
lished or  not. 

319.  Authors  of  dramatic  or  dramatico- 
musical  works,  or  their  lawful  representatives, 
are,  during  the  existence  of  their  exclusive  right 
of  translatioD,  equally  protected  against  the 
unauthorized  public  representation  of  translations 
of  their  works. 

320.  The  stipulations  of  Art.  II.  apply 
equally  to  the  public  performance  of  unpublished 
musical  works,  or  of  published  works  in  which 
the  author  has  expressly  declared  on  the  title- 
page  or  commencement  of  the  work  that  he 
forbids  the  public  performance. 

321.  Unauthorized  indirect  appropriations  of 
a  literary  or  artistic  work,  of  various  kinds,  such 
as  adaptations,  arrangements  of  music,  etc.,  are 
specially  included  amongst  the  illicit  reproduc- 
tions to  which  the  present  Convention  applies, 
when  they  are  only  the  reproduction  of  a 
particular  work  in  the  same  form,  or  in  another 

form  with  non-essential  alterations,  additions,  or 
11 


226  INTEKNATIONAL   LAW. 

abridgments,    so    made   as   not    to    confer    the 
character  of  a  new  original  work. 

322.  It  is  agreed  that,  in  the  application  of 
the  present  article,  the  tribunals  of  the  various 
countries  of  the  Union  will,  if  there  is  occasion, 
conform  themselves  to  the  provisions  of  their 
respective  laws. 

323.  In  order  that  the  authors  of  works  pro- 
tected by  the  present  Convention  shall,  in  the 
absence  of  proof  to  the  contrary,  be  considered  as 
such,  and  be  consequently  admitted  to  institute 
proceedings  against  pirates  before  the  courts  of 
the  various  countries  of  the  Union,  it  will  be 
sufficient  that  their  name  be  indicated  on  the 
work  in  the  accustomed  manner. 

324.  For  anonymous  or  pseudonymous 
works,  the  publisher  whose  name  is  indicated 
on  the  work  is  entitled  to  protect  the  rights 
belonainof  to  the  author.  He  is,  without  other 
proof,  reputed  the  lawful  representative  of  the 
anonymous  or  pseudonymous  author. 

325.  It  is  nevertheless  agreed  that  the  tri- 
bunals may,  if  necessary,  require  the  production 


INTERNATIONAL  COPYRIGHT.  227 

of  a  certificate  from  the  competent  authority,  to 
the  effect  that  the  formalities  prescribed  by  law 
in  the  country  of  origin  have  been  accomplished, 
as  contemplated  in  Art.  IJ. 

326.  Pirated  works  may  be  seized  on  im- 
portation into  those  countries  of  the  Union  where 
the  original  work  enjoys  legal  protection. 

The  seizure  shall  take  place  conformably  to 
the  domestic  law  of  each  State. 

327.  It  is  understood  that  the  provisions  of  the 
present  Convention  cannot  in  any  way  derogate 
from  the  right  belongingr  to  the  Government  of 
each  country  of  the  Union  to  permit,  to  control, 
or  to  prohibit,  by  measures  of  domestic  legisla- 
tion or  police,  the  circulation,  representation,  or 
exhibition  of  any  works  or  productions  in  regard 
to  which  the  competent  authority  may  find  it 
necessary  to  exercise  that  right. 

328.  Under  the  reserves  and  conditions  to  be 
determined  by  common  agreement,  the  present 
Convention  applies  to  all  works  which,  at  the 
moment  of  its  coming  into  force,  have  not  yet 
fallen  into  the  public  domain  in  the  country  of 
origin. 


228  INTERNATIONAL    LAW. 

329.  It  is  understood  that  the  Governments 
of  the  countries  of  the  Union  reserve  to  them- 
selves respectively  the  right  to  enter  into 
separate  and  particular  arrangements  between 
each  other,  provided  always  that  such  arrange- 
ments confer  upon  authors  or  their  lawful 
representatives  more  extended  rights  than  those 
granted  by  the  Union,  or  embody  other  stipula- 
tions not  contrary  to  the  present  Convention. 

330.  An  International  Office  is  established, 
under  the  name  of  "  Office  of  the  International 
Union  for  the  Protection  of  Literary  and 
Artistic  Works." 

331.  This  office,  of  which  the  expenses  will 
be  borne  by  the  Administrations  of  all  the 
countries  of  the  Union,  is  placed  under  the  high 
authority  of  the  superior  Administration  of  the 
Swiss  Confederation,  and  works  under  its  direc- 
tion. The  functions  of  this  office  are  determined 
by  common  accord  between  the  countries  of  the 
Union. 

332.  The  present  Convention  may  be  sub- 
mitted to  revisions,  in  order  to  introduce  therein 


INTERNATIONAL   COPYRIGHT.  229 

amendments  calculated  to  perfect  the  system  of 
the  Union. 

333.  Questions  of  this  kind,  as  well  as  those 
which  are  of  interest  to  the  Union  in  other 
respects,  will  be  considered  in  conferences  to  be 
held  successively  in  the  countries  of  the  Union 
by  delegates  of  the  said  countries. 

334.  It  is  understood  that  no  alteration  in 
the  present  Convention  shall  be  binding  on  the 
Union  except  by  the  unanimous  consent  of  the 
countries  composing  it. 

335.  Countries  which  have  not  become 
parties  to  the  present  Convention,  and  which 
grant  by  their  domestic  law  the  protection  of 
rights  secured  by  this  Convention,  shall  be 
admitted  to  accede  thereto  on  request  to  that 
effect. 

336.  Such  accession  shall  be  notified  in 
writing  to  the  Government  of  the  Swiss  Con- 
federation, who  will  communicate  it  to  all  the 
other  countries  of  the  Union. 

337.  Such  accession  shall  imply  full  adhesion 


230  INTERNATIONAL   LAW. 

to  all  the  clauses  and  admission  to  all  the  ad- 
vantages by  the  present  Convention. 

338.  Countries  acceding  to  the  present  Con- 
vention shall  also  have  the  right  to  accede 
thereto  at  any  time  for  their  Colonies  or  foreign 
possessions. 

339.  They  may  do  this  either  by  a  general 
declaration  comprehending  all  these  Colonies  or 
possessions  within  the  accession,  or  by  specially 
naming  those  comprised  therein,  or  by  simply 
indicating  those  which  are  excluded. 

340.  The  present  Convention  shall  be  put 
in  force  three  months  after  the  exchange  of  the 
ratifications,  and  shall  remain  in  effect  for  an 
indefinite  period,  until  the  termination  of  a  year 
from  the  day  on  which  it  may  have  been 
denounced. 

341.  Such  denunciation  shall  be  made  to  the 
Government  authorized  to  receive  accessions,  and 
shall  only  be  effective  as  regards  the  country 
making  it,  the  Convention  remaining  in  full 
force  and  effect  for  the  other  countries  of  the 
Union. 


INTERNATIONAL  COPYRIGHT.        231 

342.  The  present  Convention  shall  be  ratified, 
and  the  ratifications  exchanged  at  Berne,  within 
the  space  of  one  year  at  the  latest. 

The  following  special  Treaties  have  been  concluded 
on  the  subject  of  literary  property  : — 

European  States. 
Austria-Hungary. 
Saxony,  May  26,  1865 ;  France,  January  5,  1879. 

Belgium. 

Spain,  April  30,  1859,  January  17,  1880 ;  Prussia,  March  28, 
1863;  Portugal,  October  11,  1866;  Fiance,  February  7,  1874 
September  29,  1879,  May  27,  1881. 

France. 

Belgium,  May  27,  1861 ;  Austria-Hungary,  January  5,  1879 ; 
Germany,  April  19,  1883. 

Germany. 

Italy,  May  12,  1869,  June  20,  1884;  Switzerland,  May  13, 
1869,  May  23,  1881 ;  France,  April  19,  1883. 

Great  Britain. 

Prussia,  May  13,  1846,  June  14,  1855;  Hanover,  August  4, 
1847;  France,  October  27,  1851;  Switzerland,  October  30,  1858; 
Spain,  August  11,  1880. 

Hanover 
Great  Britain,  August  4,  1847. 

Italy. 

Germany,  May  12,  1869,  June  20,  1884 ;  Switzerland,  January 
28. 1879  ;  Spain,  June  28,  1880;  Sweden  and  Norway,  October  9, 

1884. 


232 


INTERNATIONAL   LAW. 


Purtiujal. 
Belgium,  October  11,  1800. 

Prussia. 

Great  Britain,  May  13,  1816,  June  14,  1855 ;  Belgium,  March 
28,  18G3. 


Austria,  May  20,  18G5. 


Saxony. 


Spain. 


Belgium,  April  30,  1859,  January  16,  1880 ;  Italy,  June  28, 
1880;  Great  Britain,  August  11,  1880. 

Sweden  and  Norway 
Italy,  October  9,  1884. 

Switzerland. 

Great  Britain,  October  30,  1858 ;   Germany,  May  13, 1869,  May 
23,  1881  ;   Italy,  January  28,  1879. 


CHAPTER  XYIIL 

CIVIL   AND   CRIMINAL   PROCEDURE. 

343.  Aliens  are  entitled  to  have  free  access  to 
the  courts  of  justice  of  the  country  where  they 
reside,  and  are  at  liberty  to  employ  advocates 
and  ao-ents  for  the  conduct  of  their  suits. 

344.  If  the  alien  permanently  resides  abroad 
or  out  of  the  jurisdiction  of  the  court,  the  judge 
may  stay  the  proceedings  in  the  action  till  he 
gives  security  for  costs. 

In  France  a  foreigner  bringing  a  suit  must  give 
bail  for  costs  and  interest,  except  in  matters  of  com- 
merce and  trade ;  except  also  when  the  foreigner 
possesses  in  France  immovable  property  of  sufficient 
value  to  cover  such  costs  and  interest,  and  where  the 
foreigner  is  by  treaty  exempt  from  the  necessity  of 
finding  bail. 


a 


345.  A  conflict  of  law  exists  as  to  the  com- 


234  INTERNATIONAL   LAW. 

petency  of  the  tribunals  to  entertain  suits  be- 
tween undomiciled  foreigners,  etc.,  for  breach  of 
an  obligation  contracted  in  a  foreign  State. 

In  France  the  French  courts  hold  themselves  in- 
competent. In  England  all  persons  are  entitled  to 
maintain  a  suit  as  plaintiffs. 

346.  Corporations  or  other  artificial  persons 
have  no  existence  beyond  the  jurisdiction  of  the 
State  by  virtue  of  which  they  exist,  and  have  no 
capacity  beyond  that  which  is  conferred  by  the 
law  of  such  State.  By  treaty,  however,  the 
corporate  rights  of  such  societies  to  sue  or  be 
sued  may  be  recognized. 

Treaty  Clauses  as  regard  Joint  Stock  Companies. 

See  British  Treaties  with  Belgium,  November  13, 
1862;  France,  April  30,  1862;  Germany,  March  27, 
1874;  Spain,  January  29,  1883.  Austria-Hungary 
with  Italy,  January  24,  1876.  Belgium  with  Greece, 
April  2,  1871 ;  Venezuela,  May  25,  1882.  Germany 
with  Belgium,  November  26,  1873,  and  Italy,  August 
8,  1873.     Greece  with  Holy,  February  25,  1871. 

347.  Joint  stock  companies  and  other  asso- 
ciations, commercial,  industrial,  and  financial, 
constituted  in  conformitv  with  the  laws  in  force 


CIVIL  AND  CRIMINAL  PROCEDURE.  235 

in  either  State,  may  exercise  in  the  dominions  of 
the  other  all  their  rights,  including  that  of 
appearing  before  tribunals  for  the  purpose  of 
bringing  an  action,  or  of  defending  themselves, 
with  the  sole  condition,  in  exercising  such  rights, 
of  always  conforming  themselves  to  the  laws  and 
customs  in  force  in  the  said  dominions. 

The  French  Law  of  May  30,  1857,  said  that 
foreign  societies  cannot  sue  or  be  sued  in  France 
unless  under  the  authority  of  the  Chief  of  the  State. 
The  Belgian  Law  of  1873  provided  that  anonymous 
and  other  industrial  societies,  having  their  principal 
seats  in  foreign  countries,  may  carry  on  their  business 
in  Belgium  and  sue  in  the  Belgian  courts ;  that  every 
society  whose  principal  establishment  is  in  Belgium 
is  subject  to  Belgian  laws,  though  the  deed  consti- 
tuting the  same  was  made  in  a  foreign  country.  In 
England  any  foreign  corporation  or  other  artificial  or 
moral  person  may  sue,  provided  the  local  law  of  the 
transaction  authorizes  it  to  act  in  a  corporate  or 
other  artificial  capacity. 

348.  The  lex  loci  governs  all  criminal  juris- 
diction. 

The  State  is  not  bound  to  punish  a  foreign 
subject  residing  in  the  country  for  a  crime  com- 
mitted against  the  subject  of  another  State  out 
of  its  jurisdiction. 


236  INTERNATIONAL   LAW. 

349.  The  State  will  not  recognize  or  allow  to 
be  executed  a  foreign  judgment  which  contains 
any  provision  or  order  contrary  to  public  morals 
or  public  policy. 

350.  A  foreign  judgment  may  be  impeached 
if  the  tribunal  which  pronounced  it  was  incom- 
petent or  was  not  duly  seized  or  possessed  of  the 
subject  of  its  decision,  or  if  the  defendant  had 
not  been  fairly  heard  according  to  the  law  of  the 
State. 


CHAPTER   XIX 

TREATY   CLAUSES   CONCERNING  THE   GRANTING  OF 
JUDICIAL   ASSISTANCE  TO   ALIENS. 

See  Treaties  of  Austria-Hungary  with  France, 
May  14,  1879;  Belgium,  June  19,  1880;  Servia,  May 
6,  1881;  Italy,  February  9,  1883;  Switzerland,  Febru- 
ary 8,  1884.  Germany  tvith  Luxembourg,  June  12, 
1879;  France,  February  20, 1880.  Italy  with  Switzer- 
land, February  8,  1884.  Spain  ivith  Italy,  July  8, 
18S2. 

351.  The  subjects  and  citizens  of  the  con- 
tracting parties  shall  reciprocally  enjoy  the  same 
benefit  of  judicial  assistance  as  the  natives  them- 
selves, by  conforming  themselves  to  the  laws  of 
the  country  in  which  such  assistance  shall  be 
claimed. 

352.  In  all  cases  a  certificate  of  indigence 
will  be  given  to  a  foreigner  who  may  demand 


238  INTERNATIONAL   LAW. 

assistance  by  the  authorities  where  he  habitually 
resides.  If  he  does  not  reside  in  the  place  where 
the  demand  is  made,  the  certificate  of  indigence 
shall  be  approved  and  legalized  by  the  Diplo- 
matic Agent  of  the  place  where  the  certificate 
has  to  be  given.  When  the  foreigner  does  reside 
in  the  place  where  the  demand  is  made,  informa- 
tion may  also  be  taken  from  the  authorities  of 
the  State  to  which  he  belongs. 

353.  Austro-Hungarians  admitted  in  France, 
and  the  French  admitted  in  Austria-Hungary, 
will  not  be  required  to  give  any  guarantee  or 
deposit  which,  under  any  name  whatever,  might 
be  exacted  of  foreigners  pleading  against  natives 
by  the  law  of  the  place  where  the  suit  is  to  be 
introduced. 

(Declaration   of  Austria- Hungary   and  France, 
May  14,  1879.) 


CHAPTER  XX. 

TREATY  CLAUSES  CONCERNING  THE  RECIPROCAL  COM- 
MUNICATION OF  ACTS  OF  THE  CIVIL  STATUS  AND 
OF  PENAL   SENTENCES. 

See  Treaties  of  Austria- Hungary  with  Belgium, 
April  30,  1871,  and  Italy,  April  25,  1873,  and  Sep- 
tember 29,  1883;  Belgiuin  with  France,  August  25, 
1876,  Italy,  July  17,  1876,  Luxembourg,  March  21, 
1879,  Monaco,  November  25,  1876,  Roumania,  March 
4,  1881,  Spain,  January  27,  1872,  and  Switzerland, 
February  2,  1882.  Also  France  with  Italy,  January 
13,  1875,  and  Luxembourg,  January  13,  1875. 

354.  The  contracting  parties  engage  to  send 
to  one  another  at  stated  times,  and  without 
expense,  copies,  duly  legalized,  of  the  acts  of 
birth,  marriage,  and  death,  drawn  up  in  their 
territories,  and  concerning  the  subjects  of  the 
other  States. 

355.  The  transmission  of  the  acts  of  death 


240  INTERNATIONAL   LAW. 

will  extend  besides  to  persons  who,  having  died 
in  Belgium,  were  born  or,  according  to  infor- 
mation supplied  by  local  authorities,  had  their 
domicile  in  Switzerland.  It  will  be  the  same  for 
acts  of  death  of  persons  who,  having  died  in 
Switzerland,  were  born  or,  according  to  informa- 
tion supplied,  had  their  domicile  in  Belgium. 

356.  The  officers  of  the  Civil  State  in  Belgium 
and  in  Switzerland  will  give  each  other  notice  by 
diplomatic  means  of  the  legitimation  of  illegiti- 
mate children  inscribed  in  the  act  of  marriage. 

357.  Every  six  months,  the  copies  of  the  said 
acts  drawn  up  for  the  preceding  six  months  will 
l»e  sent  by  the  Belgian  Government  to  the  Swiss 
Consulate  at  Brussels,  and  by  the  Federal  Swiss 
Council  to  the  Belgian  Legation  at  Berne. 

358.  The  acts  drawn  up  in  Belgium  in  the 
Flemish  language,  and  the  acts  drawn  up  in 
Switzerland  in  the  German  or  Italian  language, 
will  be  accompanied  with  a  French  translation, 
duly  certified  by  a  competent  authority. 

359.  It  is  expressly  understood  that  the 
delivery  or  acceptance  of  the  copies  of  the  said 


COMMUNICATION   OF  PENAL   SENTENCES.       241 

acts  will  not  prejudice  the  question  of  nation- 
ality. The  granting  of  acts  of  Civil  State 
demanded  by  either  side  at  the  request  of  private 
parties  not  provided  by  a  certificate  of  indigence 
will  be  subject  to  the  payment  of  fees  exigible  in 
the  two  countries  [Declaration  between  Belgium 
and  Switzerland,  February  2,  1882). 


Treaty  Clauses  concerning  the  Reciprocal 
Communication  of  Penal  Sentences. 

360.  The  Italian  and  Brazilian  Governments 
bind  themselves  to  communicate  to  one  another, 
by  diplomatic  means  and  by  means  of  translations, 
the  penal  sentences,  of  whatever  nature,  pro- 
nounced by  the  tribunals  of  one  of  the  two 
countries  against  the  subjects  of  the  other 
(Declaration  of  Brazil  and  Italy,  June  2,  1879). 


242  INTERNATIONAL  LAW. 


CHAPTER   XXI. 

TREATY  CLAUSES  CONCERNING  EXTRADITION. 

361.  On  the  requisition  made  in  the  name  of 
either  of  the  contracting  parties  by  their  re- 
spective Diplomatic  Agents,  either  engages  to 
deliver  up  to  each  other  reciprocally  any  person 
who,  being  accused  or  convicted  of  any  of  the 
crimes  hereinafter  specified,  committed  within 
the  jurisdiction  of  the  requiring  party,  shall  be 
found  within  the  territories  of  the  other  party. 

362.   The    crimes    for    which     extradition    is 
granted  are  as  follows  : — 

1.  Murder,  including  assassination,  parricide, 

infanticide,    poisoning,    or    attempt    to 
murder. 

2.  Manslaughter. 

3.  Administering  drugs,  or  using  instruments 


EXTRADITION   TREATIES.  243 

with  intent  to  procure  the  miscarriage 
of  women. 

4.  Rape. 

5.  Aggravated   or   indecent   assault  ;    carnal 

knowledge  of  a  girl  above  the  age  of 
ten  years  and  under  the  age  of  twelve 
years ;  indecent  assault  upon  any  female, 
or  any  attempt  to  have  carnal  know- 
ledge of  a  girl  under  twelve  years  of  age. 

6.  Kidnapping  and  false  imprisonment;  child  - 

stealing ;  abandoning,  exposing,  or  un- 
lawfully detaining  children. 

7.  Abduction  of  minors. 

8.  Bigamy. 

9.  Wounding    or   inflicting   grievous   bodily 

harm,  when  such  acts  cause  permanent 
disease  or  incapacity  for  personal  labour, 
or  the  absolute  loss  or  privation  of  a 
member  or  organ. 

10.  Arson. 

11.  Burglary  or  housebreaking;  robbing  with 

violence  ;  larceny  or  embezzlement. 

12.  Fraud  by  banker,  agent,  factor,  trustee, 

director,  member,  or  public  officer  of 
any  company,  made  criminal  by  any 
law  for  the  time  being  in  force. 


244  INTERNATIONAL   LAW. 

13.  Obtaining  money,  valuable   security,  or 

goods  by  false  pretences  ;  receiving  any 
money,  valuable  security,  or  other 
property,  knowing  the  same  to  have 
been  feloniously  stolen  or  unlawfully 
obtained,  the  quantity  or  value  of  which 
shall  be  greater  in  amount  than  £200 
sterling. 

14.  (a.)  Counterfeiting  or  altering  money,  or 

bringing  into  circulation  counter- 
feited or  altered  money. 

(b.)  Forgery,  or  counterfeiting,  or  alter- 
ing, or  knowingly  uttering  what 
is  forged,  counterfeited,  or  altered. 

(c.)  Knowingly  making  without  lawful 
authority  any  instrument,  tool,  or 
engine  adapted  and  intended  for  the 
counterfeiting  of  coins  of  the  realm 

15.  Crimes  against  the  bankruptcy  law. 

16.  Any  malicious  act  done  with  intent  to 

endanger  persons  in  a  railway  train. 

17.  Malicious    injury   to   property,    if    such 

offence  be  indictable  and  punishable 
with  one  year's  imprisonment  or  more. 

18.  Crimes  committed  at  sea — 

(a.)  Piracy  by  the  law  of  nations. 


EXTRADITION   TREATIES.  245 

(b.)  Sinking  or  destroying  a  vessel  at  sea, 
or   attempting   or   conspiring    to 
do  so. 
(c.)  Revolt  or  conspiring  to  revolt  among 
two  or  more  persons  on  board  a 
ship  on  the  high  seas  against  the 
authority  of  the  master. 
(cl.)  Assault  on  board  a  ship  on  the  high 
seas,  with   intent  to  destroy  life 
or  to  do  grievous  bodily  harm. 
19.  Dealing  in  slaves  in  such  a  manner  as  to 
constitute  an  offence  against  the  laws 
of  both  countries. 
The  extradition   is   also  to  take  place  for  par- 
ticipation in  any  of  the  aforesaid  crimes,  as  an 
accessory  before  or  after  the  fact,  provided  such 
participation  be  punishable  by  the  laws  of  both 
contracting  parties. 

363.  The  British  Treaties  with  France,  Spain, 
and  other  countries  name  among  the  crimes : 

Threats  by  letter  or  otherwise  with  intent  to 
extort. 

Perjury  or  subornation  of  perjury. 

Assaulting  a  magistrate  or  peace  or  public 
officer. 


246  INTERNATIONAL   LAW. 

364.  The  British  Treaty  of  extradition  with 
France  provides  that  the  same  shall  apply  to 
crimes  and  offences  committed  prior  to  the  signing 
of  the  Treaty  ;  bnt  that  a  person  surrendered  shall 
not  be  tried  for  any  crime  or  offence  committed 
in  the  other  country  before  the  extradition,  other 
than  the  crime  for  which  his  surrender  has  been 
granted. 

365.  No  accused  or  convicted  person  shall 
be  surrendered,  if  the  offence  in  respect  of  which 
his  surrender  is  demanded  shall  be  deemed  by  the 
party  upon  which  it  is  made  to  be  a  political 
offence,  or  to  be  an  act  connected  with  such 
an  offence,  or  if  he  prove  to  the  satisfaction  of 
the  police  magistrate,  or  of  the  Court  before 
which  he  is  brought  on  habeas  corpus,  or  of  the 
Secretary  of  State,  that  the  requisition  for  his 
surrender  has,  in  fact,  been  made  with  a  view  to 
try  or  to  punish  him  for  an  offence  of  a  political 
character. 

366.  No  subject  of  either  country  shall  be 
delivered  up  by  the  Government  of  the  one  to 
the  Government  of  the  other.  Within  the  de- 
nomination of  subjects  are  included  naturalized 
citizens  of  the  country  and  all  foreigners  who, 


EXTRADITION   TREATIES.  247 

according  to  the  laws  of  either,  are  assimilated 
to  subjects. 

367.  The  extradition  is  not  to  take  place  if 
the  person  claimed  on  the  part  of  the  Govern- 
ment of  either  party  has  already  been  tried  and 
discharged,  or  punished,  or  is  still  under  trial 
in  either  country  for  the  crime  for  which  his 
extradition  is  demanded. 

3C8.  The  extradition  is  not  to  take  place  if, 
subsequent  to  the  commission  of  the  crime  or 
the  conviction  thereof,  exemption  from  prosecu- 
tion or  punishment  has  been  acquired  by  lapse 
of  time,  according  to  the  laws  of  the  State 
applied  to. 

369.  A  fugitive  criminal  is  not  to  be  sur- 
rendered if  the  offence  in  respect  of  which  his 
surrender  is  demanded  is  one  of  a  political 
character,  or  if  he  prove  that  the  requisition 
for  his  surrender  has  in  fact  been  made  with  a 
view  to  try  or  to  punish  him  for  an  offence  of 
a  political  character. 

370.  A  person  surrendered  can  in  no  case 
be  kept  in  prison,  or  be  brought  to  trial  in  the 
State  to  which  the  surrender  has  been  made,  for 


248  INTERNATIONAL   LAW. 

any  other  crime  or  on  account  of  any  other 
matters  than  those  for  which  the  extradition 
shall  have  taken  place,  until  he  has  been  re- 
stored, or  has  had  the  opportunity  of  returning, 
to  the  country  from  whence  he  was  surrendered. 

371.  The  requisition  for  extradition  must  be 
made  through  the  Diplomatic  Agent  of  the  con- 
tracting parties  respectively. 

372.  The  requisition  for  the  extradition  of 
an  accused  person  must  be  accompanied  by  a 
warrant  of  arrest  issued  by  the  competent 
authority  of  the  State  requiring  the  extradition, 
and  by  such  evidence  as,  according  to  the  laws 
of  the  place  where  the  accused  is  found,  would 
justify  his  arrest,  if  the  crime  had  been  com- 
mitted there. 

European  States. 
Austria-Hungary. 

Belgium,  March  18,  1853,  December  13,  1872,  January  12, 
1881 ;  United  States,  July  5,  1856  ;  Italy,  February  27,  I860, 
March  30,  1875,  November  17,  1877 ;  Montenegro,  September  23, 
1872;  Great  Britain,  December  3,  1873  ;  Greece,  March  28,  1874; 
Russia,  October  15, 1874 ;  Netherlands,  November  24, 1880  ;  Servia, 
May  6, 1881 ;  Luxembourg,  February  11, 1882 ;  Brazil,  May  2, 1883. 

Bavaria. 
Russia,  September  15,  1885. 


EXTRADITION   TREATIES.  249 

Belgium. 

Venezuela,  March  13,  1 844 ;  Austria,  March  18, 1853,  December 
13,  1872,  January  12,  1881 ;  Spain,  June  17,  1870,  January  28, 
1876;  Great  Britain,  July  31,  1872,  May  20,  1876,  July  23, 
1877;  Russia,  August  4,  1872,  July  29,  1881;  Italy,  February 
3,  1873,  January  15,  1875 ;  Brazil,  June  21,  1873,  May  2,  1883 ; 
United  Slates,  March  19,  1874,  June  13,  1882;  Peru,  August  14, 
1874 ;  France,  August  15,  1874 ;  Germany,  December  24,  1874 ; 
Portugal,  March  8,  1875,  December  16,  1881 ;  Denmark,  March 
25,  1876;  Netherlands,  January  16,  1877  ;  Salvador,  February  27, 
1880;  Servia,  March  23,  1881;  Mexico,  May  12,  1881. 

Denmark. 

Great  Britain,  April  15,  1862,  March  31,  1873;  Italy,  February 
19,1873;  Belgium,  March  25,  1876;  France,  March  28,  1877; 
Netherlands,  July  28,  1877. 

France. 

United  States,  November  2,  1843,  February  10, 1858 ;  Portugal, 
July  13,  1854,  December  30,  1877  ;  Italy,  May  12,  1870,  July  16, 
1873;  Belgium,  August  15,  1874;  Peru,  September  30,  1874; 
Luxembourg,  September  12,  1875;  Mo.iaco,  July  8,  1876;  Great 
Britain,  August  14, 1876  ;  Denmark,  March  28,  1877. 

Germany. 

Prussia  and  Great  Britain,  March  5,  1864 ;  Italy,  July  25, 
1873;  Switzerland,  January  24,  1874,  February  12,  1880;  Bel- 
gium, December  24,  1874;  Luxembourg,  March  9,  1876;  Brazil, 
September  17,  1877 ;  Spain,  May  2,  1878. 

Great  Britain. 

Denmark,  April  15,  1862,  March  31,  1873;  Prussia,  March  5, 
1864;  Belgium,  July  31,  1872,  May  20,  1876;  Brazil,  November 
13,  1872;  Italy,  February  5,  1873,  January  15,  1875;  Sweden 
and  Norway,  June  26, 1873  ;  Austria,  December  3, 1873  ;  Honduras, 
January  6,  1874 ;  Prussia,  March  5,  1874  ;  Netherlands,  June  19, 
1874;  Switzerland,  November  28,  1874.  December  3,  1878,  De- 
12 


250  INTERNATIONAL   LAW. 

cember  8,  1879,  November  26,  1880;  Hayti,  December  2,  1874; 
France,  August  14,  1S76;  Spain,  June  4,1878;  Portugal,  March  8, 
1879  ;  Luxembourg,  November  24, 1880 ;  Salvador,  June  23, 1881 ; 
Uruguay,  March  26,  1884 ;  Guatemala,  July  4,  1885. 

Greece. 
Austria,  March  28,  1874 ;  Italy,  November  17,  1877. 

Italy. 

Austria,  February  27,  1809,  March  30,  1875 ;  Greece,  February 

27,  1869,  March  30,  1875,  November  17,  1877 ;  Honduras,  June 

15,  1869;  France,  May  12,  1870,  July  16,  1873;  Peru,  August 
21,  1870,  March  22,  1873;  Mexico,  December  17,  1870;  Russia, 
May  13, 1871 ;  Brazil,  November  12, 1872 ;  Great  Britain,  February 
5,  1873,  January  15,  1875 ;  Costa  Rica,  March  6,  1873  ;  Denmark, 
July  19,  1873;  Germany,  July  25,  1873;  Switzerland,  July  25, 
1873;  Belgium,  January  15,  1875;  Portugal,  March  18,  1878; 
Uruguay,  October  25,  1878,  April  14,  1879 ;  Roumania,  August 
23,  1880. 

Luxembourg. 
United  States,  October  29,  1883. 

Montenegro. 

Austria,  September  23,  1872. 

Netherlands. 

Great  Britain,  June  19,  1874;  France,  September  12,  1875; 
Germany,  March  9,  1876;  Monaco,  August  10,  1876;  Belgium, 
January  16,  1877;  Luxembourg,  June  21,  1877;  Denmark,  July 

28,  1877 ;  Sweden  and  Norway,  March  11,  1879  ;  Austria,  Novem- 
ber 24,  1880,  February  11,  1882,  February  12,  1882;  Brazil,  June 
1,  1881;  Russia,  August  13,  1883. 

Portugal. 

France,  December  30, 1872 ;  Belgium,  March  8, 1875,  December 

16,  1881;  Netherlands,  March  3,  1878;  Italy,  March  18,  1878; 
Great  Britain,  August  6,  1879. 


EXTRADITION   TREATIES.  251 

Roumania. 

Belgium,  August  15,  1880;  Italy,  August  23,  18S0;  Nether- 
lands, September  13,  1881. 

Russia. 

Italy,  May  13,  1871 ;  Belgium,  August  4,  1872,  July  29,  1881 ; 
Switzerland,  November  17,  1873;  Austria,  October  15,  1874; 
Spain,  December  14, 1876  ;  Netherlands,  August  13, 1880 ;  Monaco, 
September  5,  1883 ;  Bavaria,  September  19,  1885. 

Servia. 

Italy,  November  9,  1879 ;  Belgium,  March  23,  1881 ;  Austria, 
May  6,  1881. 

Spain. 

Belgium,  June  17,  1870,  January  28,  1876;  United  States, 
January  5,  1877 ;  Russia,  March  21,  1877 ;  France,  December  14, 
1877 ;  Germany,  May  2,  1878 ;  Great  Britain,  June  4,  1878 ; 
Netherlands,  March  9, 1879 ;  Monaco,  April  6, 1882. 

Siveden  and  Norway. 

Great  Britain,  June  26,  1873 ;  Germany,  January  19,  1878 ; 
Italy,  May  28,  1878;  Netherlands,  March  11,  1879. 

Switzerland. 

Italy,  July  22,  18G8;  Germany,  July  25,  1873,  January  24, 
1874;  Italy,  July  25,  1873;  Belgium,  May  13,  1874;  Great 
Britain,  November  28,  1874,  December  8,  1879 ;  Luxembourg, 
February  30, 1876  ;  Portugal,  October  30, 1877;  Spain,  August  31, 
1883 ;  Salvador,  October  30,  1883. 

Turkey. 

United  States,  August  11,  1874. 

American  States. 

Brazil. 

Paraguay,  January  16,  1872 ;  Great  Britain,  November  13, 
1872;  Germany,  September  17,  1877;  Netherlands,  June  1,  1881. 


252  INTERNATIONAL   LAW. 

Equador. 

United  States,  June  28,  1872. 

Guatemala. 
Great  Britain,  July  4,  1885. 

Honduras. 
Italy,  June  15,  18G9. 

Hayti. 
Great  Britain,  December  7,  1874. 

Mexico, 

Italy,  December  17,  1870;  Belgium,  May  12,  1S81 ;  United 
States,  August  7,  1882. 

Peru. 
Italy,  August  21,  1870,  March  22,  1873;  Belgium,  August  14, 
1874. 

Salvador. 

Belgium.  February  27,  1880. 

United  States. 

Salvador,  May  23,  1870;  Nicaragua,  June  25,  1870;  Peru, 
September  12,  1870;  Equador,  June  28,  1872;  Belgium,  March 
19,  1874,  June  13,  1882;  Turkey,  August  11,  1874;  Spain, 
January  5,  1877;  Netherlands,  May  22,  1880;  Mexico,  August  7, 
1882  ;  Luxembourg,  October  29,  1883. 

Uruguay. 

Italy,  October  25, 1878,  April  14, 1879;  Germany,  February  12, 
1880;  Great  Britain,  March  2G,  1884 

Pi  uezuela. 
Belgium,  March  13,  1884. 


CHAPTER  XXII. 

PKIVATE   INTERNATIONAL   LAW. 

Section  I. — Nature  of  Private  International 

Law. 

373.  Private  international  law  consists  of 
the  principles  and  rules  by  which  persons  and 
things  residing  or  situated  in  a  country  are 
affected  by  the  laws  prevailing  in  another. 

374.  Such  rules  may  affect  the  status  of  the 
person,  marriage  and  divorce,  acts  and  contracts, 
corporeal  and  incorporeal  property,  successions, 
legal  proceedings,  foreign  judgments,  and  the 
commission  of  crime. 


Section  II. — Domicile. 
375.  The  national  character  of  a  person  de- 


254  INTERNATIONAL   LAW. 

pends  on  his  domicile,  which  may  be  either  of 
origin  or  of  choice. 

376.  The  domicile  of  origin  is  the  place  of 
birth  or  the  native  land ;  that  of  choice  is  the 
place  of  residence  with  an  express  or  implied 
intention  of  dwelling  in  it. 

377.  A  wife  has  the  domicile  of  her  husband, 
and  a  minor  that  of  his  parents. 

378.  The  ambassador  preserves  the  domicile 
of  the  country  which  he  represents,  but  the 
consul,  if  he  engages  in  trade,  acquires  the 
domicile  of  the  place  where  he  resides. 


Section  III. — Status. 

379.  Conflicting  rules  obtain  as  to  the  laws 
which  should  govern  the  status  and  capacity  of 
the  person.  By  the  French  and  Italian  rules 
the  status  and  capacity  of  the  persons  are 
governed  by  the  law  of  origin ;  by  the  British 
and  American  they  are  governed  by  the  law  of 
domicile. 


MARRIAGE.  255 

Section  IV. — Marriage. 

380.  A  marriage  valid  according  to  the  law 
of  the  place  where  it  was  contracted  is  valid 
everywhere.  If  invalid  there  it  is  invalid  every- 
where, and  the  issues  of  the  same  would  be  held 
illegitimate. 

381.  The  lex  loci  actus  governs  the  form 
and  ceremonies  of  marriage,  but  there  is  a  con- 
flict of  law  as  regards  the  need  of  the  consent  of 
parents  and  guardians  and  the  capacity  of  the 
party  to  contract  the  same. 

By  the  Italian  Code,  s.  102,  the  capacity  of  an 
alien  to  contract  marriage  is  determined  by  the  law 
of  the  country  to  which  he  belongs.  An  alien  wish- 
ing to  contract  marriage  in  the  kingdom  must  present 
to  the  officer  of  the  Civil  State  a  declaration  from  a 
competent  authority  in  the  country  to  which  he 
belongs,  showing  that  there  is  nothing  contrary  to 
such  marriage  in  the  laws  by  which  he  is  governed. 


Section  V. — Acts  and  Contracts. 

382.  The  validity  of  any  act  or  contract  is 
decided  by  the  lex  loci  contractus  or  the  law  of 
the  place  where  it  is  made. 


256  INTERNATIONAL   LAW. 

383.  All  the  formalities  and  proofs  required 
by  the  law  of  the  place  where  the  contract  is 
made  are  likewise  indispensable  for  their  validity 
everywhere  else. 

384.  The  law  of  the  place  where  the  contract 
is  made  governs  also  the  interest  and  damages 
in  a  contract. 

385.  Every  person  contracting  in  a  country 
is  understood  to  submit  himself  to  the  law  of  the 
same,  and  to  accept  its  action  upon  his  contract. 

386.  In  the  interpretation  of  contracts  the 
law  and  customs  of  the  place  where  the  contract 
was  made  to  govern  in  all  cases  when  the  lan- 
guage is  not  directly  expressive  of  the  actual 
intention  of  the  parties,  and  they  are  tacitly 
inferred  from  the  nature,  objects,  and  occasion 
of  the  contract. 

387.  The  law  of  the  place  where  the  contract 
is  to  be  executed  or  the  lex  fori  regulates  the 
remedies. 


Section  VI. — Successions. 
388.  The    succession    to    movable    property 


SUCCESSIONS.  257 

of  a  person  dying  intestate  is  governed  by  the 
law  of  the  place  of  domicile  of  the  intestate  at 
the  time  of  his  death. 

389.  A  conflict  of  law  exists  on  the  power  of 
the  testator.  Foreign  law  empowers  him  to 
adopt  the  form  either  required  by  the  lex  loci 
actio  or  by  the  lex  domicilii.  English  law 
compels  him  to  adopt  the  form  prescribed  by 
the  lex  domicilii. 

390.  The  law  of  domicile  governs  the  con- 
struction of  the  testamentary  instrument,  unless 
the  testator  expressly  states  that  he  had  in  view 
the  lex  situs. 

391.  The  following  treaties  exist,  regulating 
the  reciprocal  communication  of  acts  relating  to 
the  status  of  the  person,  and  also  the  administra- 
tion of  successions. 


Section  VII.— Treaty  Clauses  concerning  the 
Administration  of  Successions. 

See  Treaties  between  Austria  and  France  of 
January  5,  1879 ;  Austria  and  Servia,  May  6,  1881 ; 
Brazil  and  Italy,  June  14, 1879 ;  France  and  Russia, 
April  1,  1874;  Germany  and  Russia,  November  12, 


258  INTERNATIONAL   LAW. 

1874;  Great  Britain  and  Prussia,  August  9,  1880; 
Italy  and  Russia,  April  28, 1875;  Spain  and  Russia, 
June  26,  1876. 

392.  The  declarations  and  sentences  of  power 
and  recognition  pronounced  by  competent  judges 
in  one  of  the  two  countries  in  favour  of  the  heirs 
and  legatees  interested  in  successions  opened  in 
their  absence  in  the  other  countries  will  be 
executed  in  the  latter  on  their  being  for  that 
purpose  communicated  by  diplomatic  means  or 
presented  by  attorneys. 

393.  These  declarations  or  sentences  will 
indicate  the  degree  of  parentage  of  the  heirs  or 
the  title  of  the  legatees,  in  order  that  the  tax  due 
for  the  same  may  be  assessed  by  the  Treasuries  of 
the  two  countries. 

394.  When  these  are  communicated  by 
diplomatic  means,  they  must  be  accompanied  by 
translations  made  by  the  Consul  residing  in  the 
place  where  they  are  executed ;  and  if  they  are 
presented  by  attorneys,  they  must  be  authenti- 
cated by  the  Consul  residing  in  the  country  from 
which  they  are  sent,  and  accompanied  by  a  trans- 
lation made  in  the  place  where  they  are  executed, 


PROPERTY  259 

whether  by  the  Consul  there  established  or  by 
sworn  translators. 

Section  VIII. — Property. 

395.  Movable  property  is  subject  to  the  law 
of  the  place  where  the  owner  resides.  Land  and 
other  immovable  property  are  governed  by  the 
law  of  the  place  where  such  property  is  situated. 

396".  Public  funds  and  stocks,  as  well  as 
shares  of  bodies  politic,  corporate,  or  semi- 
corporate,  are  governed  by  the  law  by  which 
they  are  created,  subject  to  any  restriction  im- 
posed by  the  law  of  the  place  where  the  same  are 
delivered  or  transferred. 

397.  Property  in  shipping  is  governed  by  the 
municipal  law  which  determines  the  nationalitv 
of  the  vessel. 

398.  Incorporeal  chattels,  including  rights  or 
interests  which  may  grow  out  of  or  incident  to 
personal  property,  such  as  patent  right,  or  the 
exclusive  privilege  of  selling  and  publishing 
particular  contrivances  of  art,  trade  mark,  or 
the  exclusive  privilege  of  a  manufacturer  to  sell 
goods  under  a  certain  mark  or  name,  and  copy- 


260  INTERNATIONAL   LAW. 

right,  or  the  exclusive  privilege  of  the  writer  or 
his  assignee  of  selling  and  publishing  particular 
works  of  literature  or  designs,  are  all  governed 
by  the  law  of  domicile. 

Section  IX. — Conflict  of  Private  Inter- 
national Law. 

Whilst  Minister  of  Foreign  Affairs  of  the  Italian 
Government,  Sig.  Mancini,  in  September,  1881,  opened 
communication  with  foreign  Powers  with  a  view  to 
the  settlement  of  certain  rules,  uniform  in  all  States, 
relative  to  the  civil  condition  of  aliens,  the  extension 
and  guarantee  of  their  rights,  and  their  participation 
in  the  benefits  of  their  respective  legislation.  And  in 
furtherance  of  the  object  he  sent  the  following 
Memorandum : — 

"  I.  Jurists  and  statesmen  have  noticed  with  regret 
the  incontestable  imperfection  of  international  relations 
in  what  regards  the  civil  condition  of  foreigners,  the 
extension  and  guarantee  of  their  rights,  and  their 
participation  in  the  benefits  of  their  respective  legisla- 
tion. Such  a  state  of  things  is,  unhappily,  inevitable, 
so  long  as  there  is  no  system  of  fundamental  laws 
accepted  in  common,  and  consented  to  by  the  Powers, 
of  a  nature  to  terminate  the  uncertainty  inherent  to 
the  jurisprudence  of  each  country  under  the  influence  of 
different  legislation.  A  few  examples  will  enable  us  to 
appreciate  the  extent  of  the  inconvenience  in  question. 


CONFLICT   OF  PRIVATE  INTERNATIONAL  LAW.     261 

"II.  In  several  countries  of  Europe  the  law 
which  regulates  the  status  and  capacity  of  the  person, 
or,  in  other  terms,  the  'personal  status,  is  the  Lex 
domicilii ;  that  is  to  say,  the  law  of  the  place  where 
the  person  fixes  his  domicile  or  his  principal  estab- 
lishment, without  any  regard  to  his  nationality. 

"  The  Code  Napoleon,  on  the  contrary,  has  the  merit 
of  being  the  first  to  make  the  personal  status  of  the 
Frenchman  depend  on  his  national  law,  so  as  to  cover 
him  with  its  protection  wherever  he  might  go.  This 
rational  substitution  of  the  principle  of  nationality 
for  the  accidental  and  empiric  principle  of  domicile, 
necessarily  variable,  has  been  equally  introduced  in 
other  modern  legislations,  and  in  the  new  Italian 
Civil  Code. 

"  But  these  different  rules  produce  an  insoluble 
conflict  between  the  legislation  of  the  countries  which 
make  the  civil  status  or  capacity  of  the  individual 
depend  on  the  rules  in  force  in  the  State  where  he 
has  a  domicile,  and  those  which  make  such  capacity 
depend  on  the  nationality  of  origin. 

"  The  same  conflict  affects  a  French  or  an  Italian 
subject  who  may  be  born  in  England  or  South  America, 
because  whilst  a  South  American,  according  to  the 
law  of  his  country,  is  deemed  to  have  the  nationality 
and  to  follow  the  civil  condition  of  his  father,  English 
or  Brazilian  law  considers  the  same  person  as  English 
or  Brazilian  by  the  simple  fact  of  his  birth  in  the 
territory  of  these  countries. 


262  INTERNATIONAL   LAW. 

"A  French  or  an  Italian  woman  marrying  an 
Englishman  loses  the  personal  status  of  origin  in 
virtue  of  the  law  of  his  country ;  yet  she  might  have 
acquired  at  the  same  time  the  personal  status  of  her 
husband,  because  English  law  till  recent  years  did  not 
accord  the  right  of  English  nationality  to  a  foreign 
woman  who  married  an  Englishman. 

"  The  loss  of  French  or  Italian  nationality  by  one 
of  the  causes  foreseen  in  their  respective  Codes,  or  the 
protection  of  French  law  accorded  to  an  Italian,  or, 
lastly,  Italian  naturalization  accorded  to  a  Frenchman, 
produce,  according  to  the  spirit  of  the  legislation  and 
jurisprudence  of  France,  simple  individual  effects ;  that 
is,  effects  which  do  not  extend  to  the  wife  or  to  the 
children  the  issue  of  the  individual,  such  issue  not 
being  affected  by  what  is  exclusively  of  a  personal 
character.  And  yet  according  to  the  Italian  Civil 
Code  this  change  of  status  applies  also  to  the  wife 
and  children  of  the  individual,  who  acquire  the  new 
nationality  of  their  father.  Here  we  have,  then,  an 
inextricable  conflict  between  France  and  Italy,  each 
of  the  two  magistratures  having  to  give  to  the  same 
individuals  a  different  nationality. 

"III.  If  we  pass  to  the  region  of  property,  it  is 
easy  to  multiply  examples  of  such  contradictions.  It 
is  sufficient  to  state  that  on  the  subject  of  movable 
property  the  rule  professed  by  the  jurists,  according 
to  which  mobilia  seqmmtor  personam,  receives  in 
different  countries  a  different  sense  and  application; 


CONFLICT   OF   PRIVATE  INTERNATIONAL  LAW.    263 

thus  some  countries  apply  to  movable  property  the 
status  personnel,  that  is,  the  law  in  force  in  the  place 
to  which  the  owner  belongs ;  whilst  others  apply  to  it 
the  law  of  the  place  of  his  present  domicile,  or  by  a 
juridical  fiction  the  place  in  which  they  are  deemed 
to  exist. 

"  For  what  concerns  acts,  though  the  rule  locus  regit 
actum  operates  as  regards  their  external  form,  great 
uncertainty  exists  as  to  what  the  law  is  which 
governs  their  substance. 

"  Lastly,  as  regards  immovable  successions,  we 
are  in  the  presence  of  two  systems :  whether  to  regu- 
late successions  according  to  the  law  of  the  country 
where  the  immovables  are,  in  virtue  of  another 
juridical  fiction,  tot  hcereditates  quo  territorial  or  to 
consider  the  right  of  succession  as  an  emanation  of 
the  right  of  property,  combined  with  the  right  of 
family,  and  submit  consequently  without  distinction 
both  movable  and  immovable  succession  to  that  same 
law,  viz.  the  national  law  of  the  deceased,  saving  the 
exceptions  and  prohibitions  which  may  exist  in  the 
law  of  public  order  of  the  territory  where  the  im- 
movables are  situated,  as  in  the  case  where  these 
laws  prohibit  the  creation  of  jidei  commis  and  main- 
morte,  etc. 

"IV.  The  new  Italian  Code  in  its  preliminary 
disposition  has,  it  is  true,  substituted  for  tradition — 
more  or  less  arbitrary  and  elastic — some  fixed  rules 
drawn  up  by  myself  in  my  position  as  reporter  of  the 


264  INTERNATIONAL   LAW. 

under  commission  charged  with  this  work.  But 
these  rules  are  only  obligatory  on  the  Italian  magis- 
tracy, and  it  is  clear  that  they  cannot  remove  or 
diminish  the  inconvenience  and  danger  of  the  present 
abnormal  state  of  things,  except  by  stipulating  with 
< liferent  countries  one  or  more  conventions  to  reiru- 
late  specially  this  point,  and  to  determine  by  an  accord 
more  or  less  uniform,  some  precise  rules  which  may 
render  the  application  to  persons,  things,  and  foreign 
acts  of  one  or  other  of  the  legislation  in  conflict. 

"  Some  of  these  rules  might  be  drawn  from  books 
and  reports  of  jurisprudence ;  and  some  are  found  in 
special  conventions,  such  as  the  abolition  of  the  right 
of  aubain,  the  form  of  acts  and  testaments,  hypothec, 
and  execution  of  foreign  judgments.  But  the  ad- 
vantage of  these  accords,  where  they  do  exist,  even 
though  they  do  not  constitute  a  rational  and  complete 
system,  shows  the  benefits  that  would  result  from 
conventions  regulating  and  protecting  the  private 
interests  of  international  society.  These  rules,  estab- 
lished on  principles  of  justice,  will  give  to  the  citizens 
of  the  contracting  States  the  largest  enjoyment  of 
these  benefits,  and  not  allow  cases  to  be  decided  from 
considerations  more  or  less  accidental. 

In  a  further  memorandum,  dated  September,  1882, 
Sig.  Mancini  adds :  "  Whilst  respecting  the  inde- 
pendence of  the  legislative  action  of  each  country, 
and  leaving  to  each  legislature  the  care  of  granting  to 
foreigners  whatever  treatment  it  may  judge  proper, 


CONFLICT   OF   PRIVATE   INTERNATIONAL   LAW.      265 

what  is  required  is  to  agree  on  the  mode  of  arriving 
at  a  uniform  solution  of  matters  beyond  the  province 
of  national  legislation.  The  question  is  of  a  character 
eminently  international ;  it  is  not  within  the  compe- 
tence of  any  State  in  particular  to  settle ;  it  belongs 
to  the  collective  competency  of  such  States  as  may 
desire  to  secure  for  the  rights  of  their  respective 
subjects  due  guarantee  and  protection.  The  formula 
is  this  :  To  determine,  in  cases  where  the  legislation 
of  different  States  is  conflicting,  what  law  shall  be 
applicable  on  the  persons,  property,  or  acts  of  aliens ; 
to  decide  what  shall  be  governed  by  national  law, 
what  by  the  law  of  the  place  of  domicile,  or  what  by 
the  law  of  the  place  where  the  property  is  situated, 
or  by  the  law  of  the  place  where  the  act  was  done.* 

*  "  "Segociations  diplomatiques  da  Gouvernement  Italien  avec 
les  differentes  puissances  relativement  a  la  fixation  par  traite  de 
certaine  regies  du  droit  international  prive  et  a.  l'execution  des  juge- 
ments  etrangers  "  (Journal  du  Droit  International  Priv6  (Paris,  1886), 
om.  xiii.  p.  1-11).  See  Document!  Diploniatici  presentate  alia 
Camera  Dei  Deputati,  e  Negoziati  del  Governo  Italiano  e  convo- 
cazione  di  una  Conferenza  Diplomatica  in  Ronia,  1885. 


2tiG  INTERNATIONAL  LAW. 


CHAPTER  XXIII. 

MEANS   FOR   THE   PREVENTION   OF   WAR. 

Section  I. — Good  Offices  and  Mediation. 

399.  A  resort  to  war  may  be  prevented — 

(1)  By  asking  or  accepting  a  third  Power's 

good  offices,  with  a  view  of  conciliating 
the  dispute ; 

(2)  By  proposing  or  accepting  the  mediation 

of  a  third  Power,  and  receiving  at  its 
hands  proposals  of  settlement,  retaining 
the  power  of  accepting  or  rejecting  the 
same ;  or 

(3)  By  leaving  the  dispute  to  arbitration. 

400.  By  the  offer  of  good  offices  the  con- 
tending parties  are  brought  to  consider  reason- 
ably terms  of  conciliation,  but  the  effect  is  not 
binding. 


GOOD  OFFICES  AND  MEDIATION.  267 

401.  In  the  case  of  mediation  the  mediating 
Power  is  not  a  judge,  but  a  friendly  reconciler, 
and  its  intervention  need  not  arrest  preparations 
for  war,  and  may  not  prevent  ultimate  resort 
to  it. 

402.  At  the  Paris  Congress  of  1856,  the 
Powers  represented  expressed  a  wish,  in  the 
name  of  their  Governments,  that  States,  between 
which  any  serious  understanding  might  arise, 
should,  before  appealing  to  arms,  have  recourse, 
as  far  as  circumstances  might  allow,  to  the  good 
offices  of  a  friendly  Power. 

403.  And  in  the  General  Treaty  of  Peace 
(Art.  VIII.)  a  clause  was  inserted  to  the  effect 
that  if  there  should  arise  between  the  Sublime 
Porte  and  one  or  more  of  the  signing  Powers  any 
misunderstanding  which  might  endanger  the 
maintenance  of  their  relations,  the  Sublime 
Porte,  and  each  of  such  Powers,  before  having 
recourse  to  the  use  of  force,  shall  afford  the  other 
contracting  parties  the  opportunity  of  preventing 
such  an  extremity  by  means  of  their  mediation. 


2GS  INTERNATIONAL   LAW. 

Section  II. — International  Arbitration. 

404.  In  order  to  avoid  a  resort  to  war  States 
may  submit  their  dispute  to  arbitration. 

Numerous  are  the  precedents  of  disputes  settled  by- 
way of  international  arbitration.  Among  the  Greeks 
the  Amphictyonic  League  was  in  effect  a  tribunal 
of  arbitration.  Among  the  Romans  the  fecials  had 
the  same  power.  Cyrus,  King  of  Persia,  nominated 
the  King  of  India  arbitrator  in  a  dispute  between 
himself  and  the  kingdom  of  Assyria.  The  Cartha- 
ginians, in  order  to  avoid  wTar,  submitted  their  dis- 
pute with  Masinissa  to  the  King  of  Numidia  for 
arbitration.  A  treaty  of  alliance  concluded  between 
the  Argivi  and  the  Lacedemonians  had  a  clause,  that  if 
a  difference  should  happen  between  the  two  coun- 
tries, they  would  have  recourse  to  the  arbitration 
of  a  neutral  state,  according  to  the  customs  of 
their  ancestors.  In  the  Middle  Ages  the  dukes  of 
Perugia,  Bologna,  and  Padua  frequently  acted  as 
arbitrators.  In  1298  Pope  Boniface  VIII.  arbitrated 
between  Philip  le  Bel  and  Edward  I.  of  England.  In 
1319  Pope  Leo  X.  arbitrated  between  Philip  the  Long 
and  the  Flemish.  In  1783  a  question  of  boundaries 
between  England  and  the  United  States  was  left  to 
arbitration.  The  Congress  of  Vienna  of  1815  left 
several  questions  to  arbitration,  such  as  the  debt  on 
the  Rhine  octrois,   the    succession   to   the   duchy  of 


JNTEKNATIONAL   AEBITRATION.  269 

Bouillon,  the  differences  between  the  cantons  of  Ure 
and  Tessiu  on  the  subject  of  custom-house  and  on 
a  portion  of  the  Dutch  debt.  In  1834-35  the  King  of 
Prussia  arbitrated  between  France  and  England  on 
the  Portendic  indemnity.  In  1839  the  Queen  of 
England  arbitrated  between  France  and  Mexico.  In 
1864  the  Senate  of  Hamburg  arbitrated  between  Eng- 
land and  Peru.  In  1869  the  President  of  the  United 
States  arbitrated  between  England  and  Portugal.  In 
1861-72  the  Alabama  claims,  by  the  United  States 
against  England,  were  settled  by  arbitration.  In  1882 
the  claims  of  France  and  Italy  against  Chile  for 
damages  produced  by  her  naval  and  military  forces 
on  their  subjects  were  left  to  the  arbitration  of  a 
mixed  tribunal,  consisting  of  persons  nominated  by 
the  President  of  the  French  Republic  (or  by  the  King 
of  Italy),  the  President  of  the  Republic  of  Chile,  and 
the  Emperor  of  Brazil.  In  1884  the  claims  of  the 
United  States  against  Hayti  were  left  to  the  arbitra- 
tion of  the  Hon.  William  Strong. 

405.  The  submission  to  arbitration  ought  to 
be  in  writing,  and  the  subject-matter  submitted 
ought  to  be  precisely  formulated. 

406.  The  contending  parties  may  plead  before 
the  arbitrators. 

407.  Where   several    arbitrators   are    named 


270  INTERNATIONAL   LAW. 

they  must  act  together,  and,  in  case  of  difference 
of  opinion,  the  majority  will  rule  the  minority. 

408.  If  the  arbitrators  are  even  in  number 
and  no  agreement  is  obtained,  the  "arbitration 
fails. 

409.  Power  may  be  given  to  the  arbitrators, 
in  case  of  difference,  to  call  in  a  third  to  act  as 
umpire,  and  in  that  case  his  judgment  is  final. 

410.  The  arbitrators  so  selected  form  a  volun- 
tary court  of  justice,  and  they  have  the  right  to 
adopt  their  own  rules  of  procedure. 

411.  The  decision  ouce  formally  delivered 
cannot  be  reconsidered  without  a  new  agreement. 


o" 


412.  In  an  arbitration  the  contending  parties 
commit  their  respective  cases  wholly  and  unre- 
servedly to  the  appreciation  and  judgment  of  the 
arbitrators,  and  their  decision  is  obligatory  upon 
them  unless  the  agreement  to  submit  was  insuffi- 
cient, the  arbitrators  were  morally  incapable  to 
act  or  have  not  acted  in  good  faith,  and  unless  the 
award  was  in  excess  of  the  reference  or  contrary 
to  natural  justice. 


INTERNATIONAL   ARBITRATION.  271 

413.  The  award  must  be  given  within  the 
time  fixed  in  the  submission. 

414.  The  arbitrators  must  decide  according 
to  the  principles  of  the  existing  International 
Law. 

415.  The  Convention  of  Paris  of  1873  (Art, 
XVIIL),  for  a  Universal  Postal  Union,  has  a 
provision  to  the  effect  that  in  case  of  disagree- 
ment between  two  or  more  members  of  the 
Union  as  to  the  interpretation  of  the  Convention, 
the  question  in  dispute  is  to  be  decided  by 
arbitration. 

416.  The  declaration  relative  to  freedom  of 
trade  in  the  Basin  of  the  Congo  (Art  XII.)  pro- 
vides that,  in  case  of  serious  disagreement 
originating  on  the  subject  of  or  in  the  limits  of 
the  territories,  the  Powers  bind  themselves, 
before  appealing  to  arms,  to  have  recourse  to  the 
mediation  of  one  or  more  of  the  friendly  Powers, 
and  reserved  to  themselves  the  option  of  having 
recourse  to  arbitration. 

417.  In  the  protocol  appended  to  the  Treaty 
of  Commerce  and  Navigation  between  Her  Majesty 


272  INTERNATIONAL   LAW. 

and  the  King  of  Italy,  signed  at  Rome,  June  15, 
1883,  it  is  provided  as  follows  : — 

Any  controversies  which  may  arise  respecting 
the  interpretation  or  the  execution  of  the  present 
Treaty,  or  the  consequences  of  any  violation 
thereof,  shall  be  submitted,  when  the  means  of 
settling  them  directly  by  amicable  agreement  are 
exhausted,  to  the  decision  of  commissions  of 
arbitration,  and  the  result  of  such  arbitration 
shall  be  binding  upon  both  Governments. 

The  members  of  such  commissions  shall  be 
selected  by  the  two  Governments  by  common 
consent,  failing  which,  each  of  the  parties  shall 
nominate  an  arbitrator,  or  an  equal  number  of 
arbitrators,  and  the  arbitrators  thus  appointed 
shall  select  an  umpire. 

The  procedure  of  the  arbitrators  shall  in  each 
case  be  determined  by  the  contracting  parties, 
failing  which,  the  commission  of  arbitration  shall 
be  itself  entitled  to  determine  it  beforehand. 

The  pact  of  union  between  Costa  Rica,  Guatemala, 
Honduras,  and  Salvador,  dated  February  17, 1872,  Art. 
III.,  provides  :  The  maintenance  of  peace  between  the 
Central  American  Republics  is  a  strict  duty  of  their 
respective  Governments,  and  any  differences  which 
may  arise  between  them,  whatever  be  the  cause,  will 


COUNCIL   OP   INTERNATIONAL   ARBITRATION.      273 

be  settled  amicably  by  means  of  the  mediation  of  the 
Governments  which  are  not  parties  to  the  difference. 
In  cases  where  the  difference  remains  unsettled,  the 
same  shall  be  left  to  the  arbitration  either  of  the 
Central  American  authority  which  shall  be  afterwards 
established,  or  to  the  judgment  of  a  tribunal  of  arbi- 
tration, composed  of  representatives  of  the  neutral 
Central  American  Governments.  The  Government  or 
Governments  which  shall  infringe  this  principle  will 
be  guilty  of  treason  against  the  Central  American 
nations. 


Section  III. — Proposed  Council  and  Tribunal 
of  International  Arbitration. 

418.  In  order  to  provide  a  readier  means  for 
the  settlement  of  international  disputes  the  fol- 
lowing scheme  for  the  establishment  of  a  per- 
manent Council  of  International  Arbitration,  with 
original  and  delegated  authority,  is  submitted  : — 

419.  Each  State  to  nominate  a  given  number 
of  members,  publicists  and  jurists,  or  other 
persons  of  high  reputation  and  standing,  to  con- 
stitute a  Council  of  International  Arbitration. 

420.  Such  Council  may  be  held,  as  consti- 
tuted, as  soon  as  any  two  States  concur  in  its 

13 


274  INTERNATIONAL   LAW. 

organization,   and  have  nominated  members  for 
the  same. 

421.  When  duly  organized  by  any  number  of 
States,  the  council  will  invite  other  States  to 
nominate  their  members  to  the  Council. 

422.  The  Council  will  at  its  first  meeting- 
appoint  its  secretaries. 

423.  On  the  occurrence  of  any  dispute  between 
any  States,  the  secretaries  of  the  Council,  at  the 
request  of  any  two  members  of  the  Council,  shall 
summon  a  meeting  to  consider  what  steps  may 
be  adopted  for  immediately  arresting  any  war 
measures  already  taken,  or  about  to  be  taken, 
by  the  contending  States,  and  for  offering,  if 
desirable,  the  aid  of  the  Council  in  the  way  of 
mediation  or  arbitration. 

424.  When  the  contending  States  agree  to 
leave  their  disputes  to  arbitration,  the  Council 
will  appoint  some  of  its  members,  and  some  other 
persons  specially  nominated  by  the  contending 
States,  to  be  a  High  Court  of  International 
Arbitration  for  the  adjudication  of  the  same,  and 
its  award  in  the  case  shall  be  binding  on  the 
contending  States. 


COUNCIL   OF  INTERNATIONAL   ARBITRATION.      275 

425.  The  appointment  of  the  members  of  the 
High  Court  shall  be  made  with  special  regard  to 
the  character  and  locality  of  the  dispute,  aud  shall 
terminate  on  the  settlement  of  the  dispute  or 
abandonment  of  the  arbitration. 

426.  It  is  not  contemplated  to  provide  for  the 
exercise  of  physical  force  in  order  to  secure 
reference  to  the  Council,  or  to  compel  compliance 
with  the  award  of  the  Council  or  Court  when 
made.  The  authority  of  the  Council  and  Court 
is  moral,  not  physical. 

427.  Where,  however,  on  the  occurrence  of 
any  dispute  the  action  of  the  Council  is  ignored 
by  the  contending  States,  it  may  be  within  the 
competency  of  the  Council  to  consider  the  facts  in 
dispute,  and  to  report  thereon  to  the  States  which 
it  represents  ;  and  likewise,  when  its  award,  on 
any  dispute  referred  to  it  for  arbitration,  is  set  at 
nought,  to  communicate  the  facts  of  the  case  and 
its  decision  thereon  to  the  same  States. 

428.  The  Council  will  make  rules  for  its  owTn 
conduct  and  for  the  procedure  of  the  High  Court  of 
International  Arbitration.  The  rules  adopted  in 
the  Alabama .  Arbitration,  and  those  proposed  by 


276  INTERNATIONAL   LAW. 

the  Institute  of  International  Law,  may  supply 
valuable  suggestions  in  the  framing  of  the  same. 


429.  It  is  suggested  that  the  seat  of  the 
Council  shall  be  a  neutral  city,  such  as  Berne  or 
Brussels. 

430.  The  appointment  of  members  of  Council 
should  be  for  a  definite  number  of  years,  provision 
being  made  for  the  appointment  of  new  members 
to  supply  those  who  may  cease  to  be  members  by 
retirement  or  death. 

431.  The  members  of  Council,  though  ap- 
pointed by  the  Governments,  will  not  hold  a 
representative  character. 

432.  The  cost  of  maintaining  the  Council 
shall  be  borne  equally  by  every  State  concurring 
in  its  organization.  The  cost  of  any  reference 
to  arbitration  shall  be  borne  by  the  contending 
parties  in  equal  shares. 

Pierantoni,  in  his  "Trattato  di  Diritto  Interna- 
zionale,"  vol.  i.  p.  260,  gives  the  following  notes  as 
regard  the  practice  of  International  Arbitration  in 
the  Middle  Ages  : — 

The  arbitrators  in  the  Middle  Ages  were  mostly 
bishops  or  lawyers,  because  they  were  the  depositaries 


COUNCIL   OF   INTERNATIONAL   ARBITRATION.      277 

of  juridical  science.  The  bishops  were  at  that  time 
preferred,  on  account  of  the  dignity  of  their  character, 
and  the  frequency  with  which  they  had  to  settle 
controversies  of  canonical  law.  The  sovereigns  chose 
lawyers,  because  they  themselves  were  ignorant  of  the 
feudal  or  the  Roman  law. 

From  the  sentence  of  the  bishops,  there  was  an 
appeal  to  the  pope,  on  account  of  the  spiritual  juris- 
diction which  the  popes  exercised. 

A  security  was  often  asked  for  the  execution  of  the 
award. 

If  the  award  decided  questions  of  property,  the 
princes  or  cities  simply  accepted  the  same,  or,  to  use 
the  technical  phrase,  submitted  to  the  award. 

When  the  award  ordered  peace,  the  princes  took 
note  of  the  sentence,  which  was  in  effect  a  treaty  of 
peace. 

When  the  arbitrators  were  called  to  a  place  where 
a  war  was  pending,  the  military  forces,  bound  by  the 
compromise,  retired  so  as  to  leave  the  judges  inde- 
pendent. 

The  inobservance  of  an  accepted  award  became 
reason  for  war. 


21S  INTERNATIONAL   LAW. 


CHAPTER  XXIV. 

WAR   AND    ITS    EFFECTS. 

433.  War  is  the  exercise  of  force  by  one 
State  against  another,  for  the  purpose  of  obtain- 
ing by  coercion  what  could  not  be  obtained  by 
peaceful  means. 

"  Le  droit  dc  la  guerre  de'rive  de  la  necessite  et  du 
juste  rigide.  Si  ceux  qui  dirigent  la  conscience  ou 
les  conseils  des  Princes  ne  se  tiennent  pas  la,  tout  est 
perdu;  et  lorsqu'on  se  fondera  sur  des  principes 
arbitraircs,  de  gloire,  de  bienfaisance,  d'utilite',  des  flots 
de  sang  monderont  la  terre." 

434.  War  is  defensive  on  the  part  of  the  State 
which  only  wishes  to  defend  its  rights,  and  offen- 
sive on  the  part  of  the  State  which  intends  to 
violate  the  rights  of  another. 

435.  The  right  to  make  wTar  vests  in  the 
executive  power  of  the  State,  with  such  limita- 
tions as  the  constitution  may  prescribe. 


WAR   AND   ITS   EFFECTS.  279 

In  the  United  Kingdom  the  right  of  making  war 
and  peace  is  vested  exclusively  in  the  Crown.  The 
Crown,  which  declares  general  hostilities,  can  limit 
their  operations ;  it  can  except  individuals,  grant 
particular  passes,  and  exempt  particular  classes  of  the 
enemy's  ships. 

436.  When  a  civil  war  assumes  the  character 
of  a  public  war,  and  induces  conditions  affecting 
other  countries.,  equal  to  those  produced  by 
public  war,  States  thereby  affected  may  find 
it  necessary  to  accord  to  the  contending  parties 
belligerent  rights. 

The  United  States  did  not  declare  war  against  the 
Confederated  States  because  they  refused  to  recognize 
in  the  same  any  body  politic  as  opposed  to  them,  or 
capable  of  performing  any  functions  of  hostility,  but 
claimed  to  disregard  the  insurrection  as  a  rebellion  of 
individuals  risen  to  the  dimensions  of  a  war.  They 
did  in  practice  treat  the  rebels  as  belligerents,  holding 
them  as  prisoners  of  war,  making  use  of  exchanges  and 
other  practices  of  war ;'  but  this  was  from  necessity, 
to  prevent  retaliation,  and  from  humanity.  But  they 
refused  to  recognize  any  authority  in  the  Confederated 
States  capable  of  even  making  a  surrender,  and 
neither  the  existence  nor  the  disappearance  of  the 
Confederacy  was  noticed  legally  by  the  United  States 
(Dana). 


2S0  INTERNATIONAL   LAW. 

437.  The  presumed  object  of  war  being  to 
cripple  the  enemy's  commerce  and  to  capture 
his  property,  a  state  of  war  implies  a  prohibition 
of  commercial  intercourse  and  correspondence 
with  the  inhabitants  of  the  enemy's  country. 
Therefore  all  such  intercourse  without  the  licence 
of  the  Crown  is  illegal. 

Exposito  v.  Boivden,  Exch.  Ch.,  7  E.  and  B.  763. 

438.  When  a  State  declares  war  against  an- 
other  State,  it  is  the  same  as  if  the  entire  nation 
should  declare  war  against  the  other  nation,  and 
therefore  all  the  subjects  of  the  one  become 
enemies  to  all  the  subjects  of  the  other. 

The  principle  is  that  every  person  belonging  to  a 
nation  with  whom  a  State  is  at  war  is  an  enemy ;  that 
war  is  declared  not  only  against  the  Sovereign,  but 
against  every  subject,  women  and  children  included. 
But  surely  this  principle  is  untrue  in  actual  practice. 
Women  and  children,  the  old  and  the  sick,  physicians 
and  surgeons,  who  do  not  take  arms,  are  not  enemies. 
No  modern  nation  make  all  the  inhabitants  of  the 
enemy's  country  prisoners  of  war.  War  is  now  rather 
a  duel  between  the  military  and  naval  forces  of  the 
States  at  war.  Political  interests  may  be  at  issue, 
but  there  need  not  be  personal  enmity. 


DECLARATION    OF   WAR.  281 

439.  A  formal  declaration  of  war  is  not  neces- 
sary, but,  when  all  efforts  to  prevent  war  are 
ended,  the  practice  is  to  issue  a  manifesto  within 
the  territory  of  the  State,  announcing  the  com- 
mencement of  hostilities  and  the  motive  for 
resorting  to  the  same,  which  manifesto  is  com- 
municated to  all  friendly  Powers,  and  has  the 
same  effect  as  a  declaration. 

440.  A  declaration  of  war  is  an  act  of  State 
done  by  virtue  of  the  prerogative  exclusively 
belonging  to  the  Crown,  and  carries  with  it  all 
the  force  of  law. 

441.  War  exists  de  facto  as  well  as  de  jure 
after  a  declaration  of  hostilities  has  been  duly 
made. 

The  Romans  considered  a  formal  declaration  of 
war  necessary  to  legalize  hostilities  between  nations. 
A  declaration  of  war  continued  to  be  made  till  the 
end  of  the  seventeenth  century.  In  1635  a  declara- 
tion of  war  by  France  against  Spain  was  made  by 
heralds-at-arms. 

442.  Knowledge  of  the  existence  of  war  is 
presumed  to  exist  so  as  to  affect  even  ships  at 
sea,  as  soon  as  such  public  manifesto  and  accom- 
panying orders,  warnings,  etc.,  have  been  issued. 


282  INTERNATIONAL   LAW. 

443.  The  territory  of  the  enemy  includes 
all  the  place  or  region  which  is  under  his 
actual  control,  and  of  which  he  has  firm  posses- 
sion, without  reference  to  the  political  or  legal 
relations  of  the  territory  to  the  general  govern- 
ment, or  to  what  Sovereign  the  territory  which 
the  enemy  is  holding  belongs  in  time  of  peace. 

"  The  Alexander;'  7  Cranch,  1G9-179. 

444.  The  national  character  of  those  living  in 
the  territory  being  determined  by  domicile,  all 
persons  residing  and  domiciled  in  the  enemy's 
country  are  held  as  enemies,  and  subject  to  all 
the  disabilities  which  affect  the  State. 

445.  The  character  of  enemy  does  not  attach 
to  one  whose  residence  in  the  place  is  of  a  mere 
temporary  nature,  or  to  one  who  resides  there 
for  diplomatic  purposes. 

44 G.  The  person  and  property  of  alien  enemies 
or  subjects  of  the  country  at  war  within  the  State 
are  protected. 

In  England  Magna  Charta  provided  that  mer- 
chants belonging  to  the  country  of  the  enemy,  found 
in  England  at  the  breaking  out  of  a  war,  should  be 
attached,  without  harm  of  body  or  goods,  until   the 


WAR   AND   ITS   EFFECTS.  283 

king  or  his  chief  functionary  be  informed  how  out- 
merchants  are  treated  in  the  country  with  which  we 
are  at  war,  and  if  ours  be  secure  in  that  country,  they 
shall  be  secure  in  ours.  It  has  been,  moreover,  held 
that  when  a  foreigner  is  resident  in  England,  and 
afterwards  a  war  breaks  out,  his  goods  are  not  liable 
to  be  seized  (Bro.  Ab.  tit.  Propertie,  38 ;  Forfeiture,  57). 

447.  War  puts  an  end  to  all  commerce  and 
intercourse  between  belligerent  States,  and  the 
people  within  the  same. 

448.  If  a  contract  be  made  with  a  foreigner 
during  peace  the  right  of  action  upon  it  is  not 
absolutely  forfeited  by  the  occurrence  of  a  war, 
but  suspended. 

Steven's  Commentary,  vol.  ii.  p.  17. 

449.  Trading  with  the  enemy  being  illegal, 
the  property  of  the  parties  so  engaged  is  liable 
to  confiscation,  and  all  contracts  arising  out  of 
such  trading  are  illegal. 

450.  A  licence  is  necessary  from  the  Govern- 
ment to  legalize  trade  with  an  enemy's  territory, 
as  also  to  remove  merchandise  thence,  even 
though  the  same  had  been  acquired  before  the 


284  INTERNATIONAL   LAW. 

war.     The  Sovereign  alone  has  authority  to  grant 
a  licenee. 

451.  A  licence  never  acts  retrospectively. 
It  permits  to  be  done  what  could  not  be  done 
without  its  permission. 

452.  Belligerent  cruisers  have  the  rio-ht  to 
visit  and  search  on  the  high  sea  any  merchant 
vessel  suspected  of  carrying  contraband  of  war  to 
the  enemy. 

453.  The  penalty  for  the  contravention  of 
the  right  of  search  is  the  confiscation  of  the 
property  so  withheld  from  it. 

454.  Belligerents  have  the  right  to  capture 
all  property  belonging  to  the  enemy,  whether 
belonging  to  the  State  or  its  subjects,  and  all 
property  subject  to  the  ownership  and  control  of 
persons  domiciled  in  the  enemy's  territory. 

455.  Belligerent  cruisers  have  the  right  to 
seize  all  contraband  of  war  found  on  board 
neutral  ships. 

456.  The  captor  is  bound  to  bring  the  vessel 
and  cargo  captured  to  a  convenient  port  for 
adjudication. 


PRIZE   COURTS.  285 

457.  None  but  regularly  commissioned  ships 
of  war  have  a  right  to  make  captures,  or  to  exer- 
cise the  right  of  search. 

458.  The  Powers  represented  at  the  Congress 
of  Paris  of  1856  and  parties  to  the  declaration 
on  maritime  war,  and  those  which  subsequently 
acceded  to  the  same,  have  laid  down  the  principle 
that  privateering  is  and  remains  abolished. 

A  privateer  is  a  private  ship,  commissioned  to 
assist  in  carrying  on  the  war,  and  a  ship  so  com- 
missioned carries  on  board  the  commission  or  letter 
of  marque.  A  ship  which  takes  commissions  from 
both  belligerents  is  guilty  of  piracy. 

459.  A  neutral  vessel  taking  commissions 
from  either  belligerent  and  armed  as  a  privateer 
departs  from  the  status  of  neutrality. 

460.  All  prizes  belong  to  the  State. 

461.  The  object  of  the  Prize  Court  is  to  sus- 
pend the  property  till  condemnation ;  to  punish 
every  sort  of  misbehaviour  in  the  captor;  to  restore 
instantly,  if  upon  the  most  summary  examination 
there  does  not  appear  a  sufficient  ground  of 
seizure  ;  to  condemn  finally  if  the  goods  are  prize 


286  INTERNATIONAL   LAW. 

against  any  one,  giving  to  all  a  fair  opportunity 
of  bcino-  heard. 

462.  Belligerents  have  also  aright  to  blockade 
any  fortified  place  or  any  portion  of  the  coast  of 
the  enemy,  but  the  declaration  of  maritime  law 
declares — 

463.  A  blockade,  in  order  to  be  binding,  must 
be  effective  ;  that  is  to  say,  maintained  by  a  force 
sufficient  really  to  prevent  access  to  the  coast  of 
the  enemy. 

464.  A  blockade  is  a  high  act  of  sovereignty. 

A  blockade  is  a  sort  of  circumvallation  round  a 
place,  by  which  all  foreign  connections  and  corre- 
spondence, as  far  as  human  power  can  effect,  are  en- 
tirely cut  off.  In  questions  of  blockade  three  things 
are  to  be  observed :  (1)  the  existence  of  an  actual 
blockade ;  (2)  the  knowledge  of  the  party ;  (3)  some 
act  of  violation,  either  by  going  in  or  coming  out 
with  a  cargo  laden  after  the  commencement  of  the 
blockade.  The  adequacy  of  the  force  to  maintain  the 
blockade  is  a  question  of  fact  or  evidence.  In  the  very 
nature  of  a  complete  blockade,  it  is  implied  that  the 
besieging  force  can  apply  power  to  any  point  in  the 
blockaded  State.  If  the  squadron  be  driven  off  by 
a  superior  force,   there  is  a  total  defeasance  of  the 


BLOCKADE.  287 

blockade  and  its  operation.  But  the  occasional  escape 
of  small  vessels  on  dark  nights,  or  under  other  par- 
ticular circumstances,  from  the  vigilance  of  a  com- 
petent blockading  fleet  would  not  evince  that  laxity 
in  the  belligerent  which  amounts  to  the  raising  of 
the  blockade. 

465.  A  siesre  is  the  circumvallation  bv  armed 
forces  of  an  inland  fortified  place,  as  a  blockade  is 
surrounding  by  a  naval  force  of  a  maritime  fort 
or  coast. 

The  object  of  a  siege  or  a  blockade  being  to  force 
the  enemy  into  subjection,  belligerents  are  thereby 
led  to  use  means  of  coercion  of  a  most  destructive 
character,  involving  offensive  and  inoffensive  people 
alike,  destroying  temples  and  monuments,  works  of 
art  and  public  libraries. 

466.  A  capitulation  concluded  by  the  com- 
mander of  the  place  and  the  chief  of  the  army 
on  conditions  expressly  defined  is  binding  as  a 
treaty  upon  both  parties. 

467.  A  blockade  may  be  by  notification  or 
by  simple  fact. 

468.  When  it  is  by  notification,  the  same 
should  indicate  the  precise  limits  of  the  blockade, 
and  the  precise  time  of  its  commencement. 


288  INTERNATIONAL   LAW 

469.  A  blockade  by  simple  fact  ceases  with 
the  fact  itself;  when  it  is  accompanied  by 
public  notification,  the  blockade  is  supposed  to 
exist  till  it  has  been  publicly  withdrawn. 

470.  A  breach  of  blockade  subjects  the  vessel 
and  all  the  property  engaged  in  it  to  confiscation. 

471.  On  the  breakiug  out  of  war  the  Ad- 
miralty Court  is  clothed  by  the  Crown  with  the 
authority  of  a  Prize  Court,  such  authority  being 
limited  to  the  continuance  of  that  war. 

472.  The  Prize  Court  is  a  Court  of  the  Law 
of  Nations. 

473.  In  the  United  States  of  America  the 
District  and  Circuit  Courts  possess  all  the  powers 
of  a  Prize  Court. 

474.  In  France  the  Conseil  dcs  Prises  take 
cognizance  of  all  cases  of  prize. 

475.  By  the  Geneva  Convention  of  August 
22,  1864,  modified  in  1868,  ambulances  and 
military  hospitals  are  to  be  regarded  as  neutral, 
and  as  such  they  are  to  be  protected  and 
respected  by  belligerents. 


THE   GENEVA   CONVENTION.  289 

476.  By  a  declaration  signed  at  St.  Petersburg, 
dated  November  29,  18G8,  the  signatory  States 
bound  themselves  to  renounce,  in  case  of  war 
among  themselves,  the  employment  by  their 
military  or  naval  troops  of  any  projectile  of  a 
weight  below  400  grammes,  which  is  either  ex- 
plosive or  charged  with  fulminating  or  inflam- 
mable substance. 

477.  No  belligerent  has  a  right  to  destroy  the 
great  features  of  nature,  to  choke  up  the  avenues 
by  which  population  communicate  with  the  world 
without,  and  to  deprive  mariners  of  ports  of 
refuse  from  the  perils  of  the  sea. 

478.  The  end  of  war  is  peace. 


290  lMTEKKATlOttAL  LAW. 


CHAPTER  XXV. 

NEUTRALITY. 

479.  Neutrality  consists  iu  abstinence  from 
active  interference  in  favour  of  either  belligerent, 
and  in  a  continuous  adherence  to  impartiality  to- 
wards them  all. 

During  the  American  War  of  1862-G4,  neutrality 
was  designated  as  benevolent  or  malevolent.  A  nation 
exhibiting  in  her  dealings  sympathy  and  good-will 
towards  both  belligerents,  and  carefully  abstaining 
from  placing  in  the  hands  of  either  the  means  of 
injuring  the  other,  would  be  held  to  practise  a  benevo- 
lent neutrality.  A  nation  showing  utter  indifference 
at  the  success  or  failure  of  either  belligerent,  and 
putting  in  the  hand  of  either  every  means  of  injuring 
the  other,  would  be  deemed  to  practise  a  malevolent 
neutrality. 

480.  A  neutral  must  give  no  assistance  to 
either  belligerent,  either  in  troops,  arms,  stores, 


NEUTRALITY.  291 

money,  or  counsel,  and  must  not  refuse  to  one 
party  what  he  grants  to  the  other. 

481.  A  State  has  a  right  to  preserve  its 
neutrality  in  case  of  war  between  other  States, 
and  to  remain  neutral  no  declaration  is  required. 

482.  A  neutral  State  has  the  right  of  con- 
tinning  to  hold  friendly  intercourse  and  trading 
with  all  the  belligerents,  and  to  carry  on  in  time 
of  war  the  trade  which  it  was  accustomed  to 
possess  in  time  of  peace. 

It  was,  however,  held  by  the  Prize  Courts  in  Eng- 
land, in  1756,  that  a  neutral  has  no  right  to  carry  on 
a  trade  during  war  which  he  never  possessed  in  time 
of  peace,  especially  a  trade  which  might  deliver  a 
belligerent  from  the  pressure  of  his  enemy's  hostilities. 
The  rule  of  1756  continued  in  force  till  1798.  (See 
6  Rob.  Rep.,  "  Wilhelmina,"  p.  4.  Also  Orders  in 
Council,  1806-7.) 

483.  A  neutral  State  must  not  allow  its 
country  to  become  the  theatre  of  strategic  opera- 
tion, must  permit  no  recruiting  of  troops  within 
its  borders,  nor  allow  any  ship  to  arm  in  its  ports. 

484.  Though  permitted  to  continue  to  trade 
with  both  belligerents,  the  subjects  or  citizens  of 


292  INTERNATIONAL   LAW. 

a  neutral  State  must  not   carry  to    either   any 
article  known  as  contraband  of  war. 

485.  Contraband  of  war  consists  of  those 
articles  which  are  in  direct  use  in  war,  and  of 
those  also  which,  though  in  use  in  time  of  peace, 
may  under  special  circumstances  be  declared 
contraband  of  war. 

486.  Of  direct  use  for  warlike  purposes  are 
arms,  munitions  of  war,  warlike  stores,  and 
military  or  naval  officers  ;  also  saltpetre,  sulphur, 
gunpowder,  etc. 

Pitch  and  tar  are  articles  of  direct  use  in  war,  and 
are  included  as  contraband  of  war.  But  they  form 
the  principal  articles  of  industry  in  Sweden  and 
Norway.  A  treaty  was  therefore  concluded  between 
Sweden  and  Holland,  whereby  these  articles  should  be 
considered  not  as  absolutely  contraband,  nor  yet  as 
entirely  free  and  innocent,  but  as  liable  to  the  exercise 
of  the  right  of  war,  that  they  should  be  subject  to 
seizure  for  pre-emption  ("  The  Neptunus"  0  Hob.  Rep, 
p.  405). 

Bynkershoek  is  in  favour  of  not  admitting  as  con- 
traband those  things  which  are  of  promiscuous  use  in 
peace  and  war  (see  Ortolan,  vol.  ii.  p.  129).  The  fol- 
lowing treaties  were  concluded  since  1815,  restricting 
contraband  of  war  to  arms  and  munitions  of  war,  viz. : 


neutrals'  rights  and  duties.  293 

United  States  and  Republic  of  Colombia,  October  3, 

1824. 
United  States  and  Central  America  Federation,  1825. 
Brazil  and  Prussia,  July  9,  1827. 

„         Hanseatic  Towns,  November  17,  1827. 
Denmark,  April  26,  1828. 
Holland  and  Colombia  Republic,  May  1,  1828. 
Prussia  and  Mexico,  1831. 
Chile  and  United  States,  May  16,  1832. 
France  and  Bolivian  Republic,  December  9,  1831. 
„         Texas,  September  25,  1839. 

487.  The  carrying  of  despatches  is  contra- 
band, and  the  conveyance  of  military  persons 
subjects  a  ship  to  condemnation  ("The  Orozemibo" 
6  Rob.,  p.  433).  The  carrying  of  two  or  three 
cargoes  of  stores  is  necessarily  an  assistance  of 
a  limited  nature  ;  but  in  the  transmission  of  de- 
spatches may  be  conveyed  the  entire  plan  of  a 
campaign,  that  may  defeat  all  the  projects  of  the 
other  belligerent  in  that  quarter  of  the  world 
("  The  Atalanta"  6  Rob.  Rep.,  p.  455). 

488.  The  Maritime  Law  Declaration  of  1856 
laid  down  that  neutral  goods,  with  the  exception 
of  contraband  of  war,  are  not  liable  to  capture 
under  the  enemy's  flag. 

489.  A  neutral  must  abstain  from  trading  with 


294  INTERNATIONAL   LAW. 

a  blockaded  port ;  but  the  Powers  represented 
at  the  same  Congress  of  1856,  laid  down  that 
the  blockade  to  be  binding  must  be  effective  ; 
that  is  to  say,  maintained  by  a  force  sufficient 
really  to  prevent  access  to  the  blockaded  port. 

490.  It  would  be  a  violation  of  Interna- 
tional Law  for  the  subjects  of  a  neutral  State  to 
enter  the  military  or  naval  service  of  either  of 
the  belligerent  States  as  commissioned  or  non- 
commissioned officers  or  soldiers,  or  as  sailors  or 
mariners  on  board  any  ship  or  vessel  to  be  em- 
ployed as  a  ship  of  war  of  the  contending  parties. 

491.  It  is  likewise  prohibited  to  neutrals  to 
fit  out,  arm,  or  equip  any  ship  or  vessel  to  be 
employed  as  a  ship  of  war,  or  privateer,  or 
transport  by  either  of  the  belligerent  States ;  to 
break  or  to  endeavour  to  break  any  blockade 
lawfully  and  actually  established  by  or  on  behalf 
of  either  of  the  contending  parties,  or  to  carry 
officers,  soldiers,  despatches,  arms,  military  stores 
or  materials,  or  any  article  or  articles  considered 
or  decreed  to  be  contraband  of  war,  according  to 
the  law  and  the  modern  usages  of  nations,  for  the 
use  or  service  of  either  of  the  contending  parties ; 


NEUTRALS'   EIGHTS   AND   DUTIES.  295 

and  all  persons  so  offending  incur  and  become 
liable  to  the  several  penalties  and  penal  conse- 
quences of  the  statute  law  on  the  subject,  and  by 
the  Law  of  Nations  imposed  or  denounced. 

492.  The  State  is  not  responsible  for  the  acts 
of  its  subjects.  Its  duty  is  performed  when,  on 
the  occurrence  of  a  war,  the  Sovereign,  by  pro- 
clamation or  otherwise,  warns  the  people  against 
doing  any  act  in  derogation  of  the  duties  which 
devolve  on  neutrals,  or  in  violation  or  contraven- 
tion of  the  Law  of  Nations ;  and  when  it  takes 
care  to  enforce  its  own  laws  concerning  the 
matter  (see  s.  495). 

In  a  despatch  to  Mr.  Adams,  the  American  Minister 
in  London,  dated  December  19, 1862,  Earl  Russell,  the 
Secretary  of  State  for  Foreign  Affairs,  stated  that  the 
Municipal  Law  of  this  country  did  not  empower  Her 
Majesty's  Government  to  prohibit  or  interfere  with 
the  export  of  arms  and  munitions  of  war,  except  in 
extraordinary  cases,  when  the  Executive  is  armed 
with  special  powers ;  and  that  with  regard  to  the  Law 
of  Nations,  it  was  clear  that  the  permission  to  export 
such  articles  was  not  contrary  to  that  law,  and  that  it 
afforded  no  just  ground  or  complaint  to  a  belligerent 
(Wheaton's  "  International  Law,"  sixth  edition,  p.  571 ; 
Kent's   "  Commentaries,"  vol.   i.).     The   President   of 


29G  INTERNATIONAL   LAW. 

the  United  States,  in  a  message  on  December  31, 
1855,  said,  "  The  laws  of  the  United  States  do  not 
forbid  their  citizens  to  sell  to  either  of  the  belligerent 
Powers  articles  contraband  of  war,  or  take  munition 
of  war  or  soldiers  on  board  their  private  ships  for 
transportation ;  and  although  in  so  doing  the  indi- 
vidual citizen  exposes  his  property  or  person  to  some 
of  the  hazards  of  war,  his  acts  do  not  involve  any 
breach  of  national  neutrality,  nor  of  themselves  im- 
plicate the  Government "  ("  Correspondence  with 
North  America,"  November  3, 1863). 

By  the  proclamation  of  neutrality  issued  in  time 
of  war  Her  Majesty  warns  her  subjects  that  if  any  of 
them  shall  presume,  in  contempt  of  her  royal  procla- 
mation and  of  her  high  displeasure,  to  do  any  acts 
in  derogation  of  their  duty  as  subjects  of  a  neutral 
Sovereign  in  the  contest,  or  in  violation  or  contra- 
vention of  the  Law  of  Nations  in  that  behalf,  as,  for 
example  and  more  especially,  by  entering  into  the 
military  or  naval  service  of  either  of  the  said  con- 
tending parties  as  commissioned  or  non-commissioned 
officers  or  soldiers,  or  as  sailors  or  mariners  on  board 
any  ship  or  vessel  of  either  of  the  contending  parties, 
or  by  fitting  out,  or  arming,  or  equipping  any  ship  or 
vessel  to  be  employed  as  a  ship  of  war,  or  privateer, 
or  transport  by  either  of  the  said  contending  parties, 
or  by  breaking  or  endeavouring  to  break  any  blockade 
lawfully  and  actually  established  by  or  on  behalf  of 
either  of  the  contending  parties,  or  by  carrying  officers, 


NEUTRALS*    RIGHTS    AND    DUTIES.  297 

soldiers,  despatches,  arms,  military  stores  or  materials, 
or  any  article  or  articles  considered  or  deemed  to  be 
contraband  of  war,  according  to  the  law  of  modern 
usage  of  nations,  for  the  use  or  service  of  either  of  the 
contending  parties,  all  persons  so  offending  will  incur 
and  be  liable  to  the  several  penalties  and  penal  con- 
sequences by  the  Foreign  Belligerent  Act,  or  by  the 
Law  of  Nations  on  that  behalf,  imposed  or  denounced. 
And  Her  Majesty  further  declares  that  all  her  sub- 
jects and  persons  entitled  to  her  protection  who  might 
misconduct  themselves  on  the  premises  would  do 
so  at  their  own  peril  and  at  their  own  wrong,  and 
that  they  would  in  no  wise  obtain  any  protection  from 
her  against  any  liabilities  or  penal  consequences,  but 
would,  on  the  contrary,  incur  her  high  displeasure  by 
such  conduct. 

493.  A  neutral  must  not  only  abstain  from 
taking  any  part  in  the  hostilities,  but  must  do 
nothing  which  may  have  the  effect  of  hindering 
the  operations  of  war  permitted  by  the  Law  of 
Nations. 

494.  The  Government  of  a  neutral  State  is 
bound  to  do  all  in  its  power  to  hinder  its  subjects 
or  citizens  from  violating  the  laws  of  neutrality. 

495.  The  Powers  represented  at  the  Congress 
of  Paris  of  1856,  and  parties  to  the  declaration 


^yy  INTERNATIONAL   LAW. 

on  maritime  law,  as  well  as  those  wliicli  have 
acceded  to  the  same,  laid  down  that  the  neutral 
flag  is  held  to  cover  enemy's  goods,  with  the 
exception  of  contraband  of  war. 

496.  By  the  Washington  Treaty  between 
the  United  Kingdom  and  the  United  States  of 
America  in  1870,  the  Government  of  a  neutral 
State  was  declared  bound  * — 

1st.  To  use  due  diligence  to  prevent  the 
fitting  out,  arming,  and  equipping  within 
its  jurisdiction  of  any  vessel  which  it  has 
reasonable  ground  to  believe  is  intended 
to  cruise  or  to  carry  on  war  against  a 
Power  with  which  it  is  at  peace,  and  also 
to  use  due  diligence  to  prevent  the  de- 
parture from  its  jurisdiction  of  any  vessel 
intended  to  cruise  or  carry  on  war  as 
above,  such  vessel  having  been  specially 
adapted,  in  whole  or  in  part,  within  such 
jurisdiction  to  warlike  use. 

2nd.  Nor   to    permit    or    suffer    either    bel- 

*  While  assenting  to  these  rules,  Her  Majesty's  Government  did 
not  admit  that  they  represented  the  principles  of  International  Law 
in  force  at  the  time  when  the  Alabama  claims  arose.  They  were 
accepted  in  order  to  evince  the  desire  of  ner  Majesty's  Government 
to  strengthen  the  friendly  relations  between  the  two  countries. 


NEUTRALS'   EIGHTS   AND   DUTIES.  299 

ligereut  to  make  use  of  its  ports  or  waters 
as  the  base  of  naval  operations  against  the 
other,  or  for  the  purpose  of  the  renewal 
or  augmentation  of  military  supplies  of 
arms  or  the  recruitment  of  men. 
3rd.  To  exercise  due  diligence  in  its  own 
ports  and  waters,  and  as  to  all  persons 
within  its  jurisdiction,  to  prevent  any 
violation  of  the  fo rejoin £  obligations  and 
duties. 

497.  The  neutral  State  has  a  right  to  have  its 
territory  and  possessions,  continental,  insular, 
and  colonial,  and  all  persons  and  property  within 
the  same,  respected  by  the  belligerents. 

498.  The  immunity  of  neutral  territory  in- 
cludes the  prohibition  of  the  passage  of  troops  or 
the  harbouring  of  belligerent  ships  for  purposes 
of  hostilities. 

499.  A  neutral  may  allow  a  belligerent  ship 
to  take  refuge  into  its  ports  in  case  of  storm. 


APPENDIX. 


THE  SLAVE-TRADE. 

Declaration  of  the  Powers  on  the  Abolition  op  the 
Slave-Trade  (Traite  des  Negres),  Vienna,  Febru- 
ary 8,  1815. 

"  The  Plenipotentiaries  of  the  Powers  who  signed  tbe 
Treaty  of  Paris  of  May  30,  1814,  united  in  Conference, 
having"  taken  into  consideration  that  the  commerce  known 
as  the  African  Slave-Trade  has  been  held  by  just  and 
enlightened  men  of  all  times  as  repugnant  to  the  principles 
of  humanity  and  universal  morals  ; 

"  That  the  special  circumstances  under  which  such 
trade  began,  and  the  difficulty  of  stopping  it  suddenly,  bave 
covered,  to  some  extent,  what  was  bad  in  it,  but  that  at 
last  public  voice  has  been  raised  in  all  civilized  countries, 
demanding  that  it  should  be  suppressed  as  soon  as  possible  ; 

"  That  ever  since  the  character  and  details  of  that  trade 
have  been  better  known,  and  the  evils  of  all  kinds  which 
accompany  it  have  been  fully  revealed,  several  European 
Governments  have  taken  steps  to  cause  it  to  cease,  and 
that  all  the  Powers  possessing  Colonies  in  different  parts 
of  the  world  have  in  succession  recognized,  either  by  legis- 
lative Acts,  or  by  Treaties  and  other  formal  engagements, 


302  INTERNATIONAL   LAW. 

that  they  arc  under  the  obligation  and  necessity  of 
abolishing  it ; 

"  That  by  a  separate  article  of  the  last  Treaty  of  Paris, 
Great  Britain  and  France  bound  themselves  to  unite  their 
efforts  at  the  Congress  of  Vienna  to  induce  all  Christian 
Powers  to  pronounce  the  universal  and  definitive  abolition 
of  the  Slave-Trade ; 

"  That  the  Plenipotentiaries  assembled  at  the  Congress 
could  not  better  honour  their  missions,  fulfil  their  duties, 
and  manifest  the  principles  which  guide  their  august  Sove- 
reigns, than  in  labouring  to  realize  this  engagement,  and 
in  proclaiming  in  the  name  of  their  Sovereigns  the  wish 
(voeu)  to  put  an  end  to  an  evil  which  has  for  so  long 
desolated  Africa,  degraded  Europe,  and  afflicted  hu- 
manity ; — 

"  The  said  Plenipotentiaries  are  agreed  to  deliberate 
upon  the  means  for  accomplishing  an  object  so  salutary 
by  a  solemn  declaration  of  the  principles  which  guided 
them  in  this  labour. 

"  Consequently,  being  authorized  in  this  act  by  the 
unanimous  adhesion  of  their  respective  Courts  to  the 
principle  laid  down  in  the  separate  article  of  the  Treaty 
of  Paris,  they  declare  in  the  face  of  Europe  that,  regarding 
the  universal  abolition  of  the  Slave-Trade  as  a  measure 
specially  worthy  of  their  attention,  in  conformity  with  the 
spirit  of  the  age  and  the  generous  principles  of  their  august 
Sovereigns,they  are  animated  by  the  sincere  desire  of  con- 
curring in  the  execution  of  the  shortest  and  most  efficacious 
measure  by  every  means  in  their  power,  and  to  act  in  the 
use  of  such  means  with  all  the  zeal  and  all  the  perse- 
verance which  they  owe  to  so  great  and  beautiful  a  cause. 
Too  well  acquainted,  however,  with  the  sentiments  of  their 
Sovereigns  not   to  foresee  that,  however  honourable  the 


DECLARATION  ON  THE  SLAVE-TRADE.    303 

object,  they  could  only  pursue  it  by  just  measures,  having 
regard  to  the  interest,  habits,  and  the  protection  even 
of  their  subjects,  the  said  Plenipotentiaries  recognize  at 
the  same  time  that  this  general  declaration  could  not 
prejudice  the  time  which  each  Power  in  particular  might 
regard  as  the  most  convenient  definitely  to  abolish  the 
Slave-Trade ;  consequently  the  determination  of  the  time 
when  the  trade  shall  universally  cease  will  be  the  object 
of  negotiation  between  the  Powers ;  it  being  well  under- 
stood that  no  means  will  be  neglected  to  secure  and 
accelerate  the  end;  and  that  the  reciprocal  engagement 
contracted  by  the  present  declaration  between  the  Sove- 
reigns who  have  taken  part  in  it,  will  not  be  considered  as 
accomplished,  but  at  the  moment  when  a  complete  success 
shall  have  crowned  their  united  efforts. 

"  In  bringing  this  declaration  to  the  cognizance  of 
Europe  and  of  all  civilized  nations  on  the  earth,  the  said 
Plenipotentiaries  hope  to  engage  all  the  other  Govern- 
ments, and  especially  those  who,  by  abolishing  the  Slave- 
Trade,  have  already  manifested  the  same  sentiments,  to 
support  them  by  their  votes  in  a  cause  whose  final  triumph 
will  be  one  of  the  most  beautiful  monuments  of  the  age 
which  has  taken  it  up,  and  which  shall  have  gloriously 
realized  the  same."" 


304  INTERNATIONAL   LAW. 


REGULATIONS  ON  THE  FREE  NAVIGATION  OF 

RIVERS,  1815. 

Articles  concerning  the  Navigation  of  Rivers  which 
in  their  Navigable  Course  separate  or  traverse 
Different  States. 

"Art.  I.  Powers  whose  States  are  separated  or  traversed 
by  the  same  navigable  river  bind  themselves  to  regulate 
by  a  common  accord  all  that  pertains  to  that  navigation. 
They  shall  nominate  for  that  purpose  Commissioners,  who 
will  meet  at  the  latest  six  months  after  the  end  of  the 
Congress,  and  who  will  take  as  their  basis  of  their  labours 
the  following  principles: — 

"Art.  II.  The  navigation  in  all  the  course  of  the  rivers 
indicated  in  the  preceding  article,  from  the  point  whence 
each  becomes  navigable  to  its  mouth,  shall  be  entirely  free, 
and  shall  not,  for  commercial  purposes,  be  prohibited  to 
any  person,  provided  they  conform  themselves  to  the 
regulations  which  may  be  made  for  its  police,  in  a  uniform 
manner  for  all,  and  as  favourable  to  the  commerce  of  all 
nations  as  possible. 

"  Art.  III.  The  system  which  will  be  established  both 
for  the  perception  of  dues  and  for  the  maintenance  of  the 
police  shall  be,  as  far  as  can  be  made,  the  same  for  all  the 
course  of  the  river,  and  will  extend,  as  well  as  special 
circumstances  may  not  hinder  it,  to  all  the  branches  and 
confluents  which  in  their  navigable  course  separate  or 
traverse  different  States. 

"Art.  IV.  The  navigation  dues  will  be  fixed  in  a  unifoi-m 
manner,  invariable  and  independent  of  the  different  kind 
of  merchandise  transported,  so  as  not  to  render  a  de- 
tailed examination  of  the  cargo  necessary,  except  in  case 


FREE   NAVIGATION    OF   RIVERS.  305 

of  fraud  or  contravention.  The  amount  of  such  dues, 
which  in  no  case  shall  exceed  those  now  in  existence,  shall 
be  determined  according  to  local  circumstances,  which 
does  not  allow  the  establishment  of  a  general  rule  on  this 
subject. 

"  Once  the  tariff  has  been  regulated,  it  shall  not  be 
increased  except  by  a  common  arrangement  between  the 
bordering  States,  nor,  with  the  navigation,  be  burdened 
with  any  other  duties  than  those  fixed  in  the  regulation. 

"Art.  V.  The  offices  for  the  reception  of  dues,  the  number 
of  which  will  be  reduced  as  much  as  possible,  will  be  fixed 
by  the  regulation,  and  no  change  will  be  made  to  the  same 
except  by  common  accord,  unless  one  of  the  bordering 
States  wishes  to  diminish  the  number  of  those  which 
belong  exclusively  to  itself. 

"  Art.  VI.  Each  bordering  State  will  charge  itself  with 
the  maintenance  of  the  towing-paths  which  pass  by  its 
territory,  and  with  the  necessary  labour  for  the  same 
extent  in  the  bed  of  the  river,  so  that  there  be  no  obstacle 
to  the  navigation. 

"A  future  regulation  will  fix  the  manner  in  which  the 
bordering  States  will  concur  in  these  labours,  in  cases 
where  both  rivers  belong  to  different  Governments. 

"  Art.  VII.  No  forced  stoppage  or  calling  dues  will  be 
established.  Those  which  already  exist  shall  not  remain, 
except  when  the  bordering  States,  without  regard  to  local 
interest,  find  them  necessary  or  useful  to  navigation  and 
commerce  in  genei'al. 

"  Art.  VIII.  The  custom-houses  of  the  bordering  States 
will  have  nothing  to  do  with  the  navigation  dues.  Steps 
will  be  taken  by  special  legislation  to  prevent  custom- 
house officers  putting  any  hinderance  to  navigation,  but 
care  will  also  be  taken  by  the  river  police  to  prevent  the 


30G  INTERNATIONAL   LAW. 

inhabitants  from  carrying  on  any  smuggling  by  the  aid  of 
boats. 

"  Art.  IX.  All  that  is  indicated  in  the  preceding  articles 
will  be  regulated  by  a  common  agreement,  which  will  also 
include  whatever  else  may  be  necessary.  The  rules  once 
determined  shall  not  be  changed  except  with  the  consent 
of  all  the  bordering  States,  and  they  will  take  care  to 
provide  for  its  execution  in  the  manner  most  convenient 
and  adapted  to  circumstances  and  to  the  locality." 


REGULATIONS   ON  THE  RANK  BETWEEN 
DIPLOMATIC  AGENTS. 

Signed  at  Vienna,  March  19,  1815. 

"  To  prevent  the  embarrassments  which  have  presented 
themselves,  and  which  may  arise  from  the  pretensions  of 
precedency  between  the  different  Diplomatic  Agents,  the 
Plenipotentiaries  of  the  Powers  signatories  of  the  Treaty 
of  Vienna  have  agreed  on  the  following  articles,  and  they 
invite  those  of  other  crowned  heads  to  adopt  similar 
regulations : — 

"Art.  I.  Diplomatic  Agents  are  divided  into  three 
classes — 

"  That  of  Ambassadors,  Legates,  or  Nuncios. 

"  That  of  Envoyes,  Ministers,  or  others  accredited  with 
Sovereigns. 

"  That  of  Charges  dAffaires  accredited  with  Ministers 
of  Foreign  Affairs. 

"  Art.  II.  Ambassadors,  Legates,  or  Nuncios  have  alone 
a  representative  character. 


KANK    OF   DIPLOMATIC    AGENTS.  307 

"  Art.  III.  Diplomatists  sent  on  extraordinary  missions 
have  not  on  that  account  any  superiority  of  rank. 

"  Art.  IV.  Diplomatic  employes  will  take  rank  among 
themselves  in  each  class  from  the  date  of  the  official 
notification  of  their  arrival. 

"  The  present  regulation  will  introduce  no  innovation 
relative  to  the  representatives  of  the  Pope. 

"  Art.  V.  A  uniform  mode  will  be  settled  for  each  State 
for  the  reception  of  Diplomatic  employes  of  each  class. 

"  Art.  VI.  Bonds  of  family  or  family  alliance  between 
the  Courts  give  no  rank  to  their  Diplomatic  Agents. 

"  It  is  the  same  as  regards  political  alliances. 

"  Art.  VII.  In  acts  or  treaties  between  several  Powers 
which  admit  the  alternative,  the  ballot  will  decide  among 
Ministers  the  order  to  be  followed  in  the  signatories. 

"  The  present  regulation  is  inserted  in  the  protocol  of 
Plenipotentiaries  of  the  eight  signatory  Powers  to  the 
Treaty  of  Paris  on  their  sitting,  March  19,  1815." 

Here  follow  the  signatures  in  alphabetical  order. 


DECLARATION"  RESPECTING  MARITIME  LAW. 

Signed  by  the  Plenipotentiaries  op  Great  Britain, 
Austria,  France,  Prussia,  Russia,  Sardinia,  and 
Turkey,  assembled  in  Congress  at  Paris,  April,  1856. 

"  The  Plenipotentiaries  who  signed  the  Treaty  of 
Paris,  March  30,  1856,  assembled  in  conference, 

"  Considering — 

"  That  Maritime  Law  in  time  of  war  has  long  been  the 
subject  of  deplorable  disputes  ; 

"  That  the  uncertainty  of  the  law  and  of  the  duties  in 


308  INTERNATIONAL   LAW. 

such,  a  matter  gives  rise  to  differences  of  opinion  between 
neutrals  and  belligerents,  which  may  occasion  serious 
difficulties,  and  even  conflicts  ; 

"  That  it  is  consequently  advantageous  to  establish  a 
uniform  doctrine  on  so  important  a  point; 

"  That  the  Plenipotentiaries  assembled  in  congress  at 
Paris  cannot  better  respond  to  the  intentions  by  which 
their  Governments  are  animated  than  by  seeking  to  intro- 
duce into  international  relations  fixed  principles  in  this 
respect ; — 

"  The  above-mentioned  Plenipotentiai*ies,  being  duly 
authorized,  resolved  to  concert  among-  themselves  as  to 
the  means  of  attaining  this  object;  and  having  come  to 
an  agreement,  have  adopted  the  following  solemn  decla- 
ration : — 

1.  Privateering  is,  and  remains,  abolished. 

2.  The  neutral  flag  covers  enemy's  goods,  with  the 
exception  of  contraband  of  war. 

"  3.  Neutral  goods,  with  the  exception  of  contraband 
of  war,  are  not  liable  to  capture  under  enemy's  flag. 

"  4.  Blockades,  in  order  to  be  binding,  must  be  effective  ; 
that  is  to  say,  maintained  by  a  force  sufficient  really  to 
prevent  access  to  the  coast  of  the  enemy. 

"  The  Governments  of  the  undersigned  Plenipotentiaries 
engage  to  bring  the  present  Declaration  to  the  knowledge 
of  the  States  which  have  not  taken  part  in  the  Congress 
of  Paris,  and  to  invite  them  to  accede  to  it. 

"  Convinced  that  the  maxims  which  they  now  proclaim 
cannot  but  be  received  with  gratitude  by  the  whole  world, 
the  undersigned  Plenipotentiaries  doubt  not  that  the  efforts 
of  their  Governments  to  obtain  the  general  adoption  thereof 
shall  be  crowned  with  full  success. 

"The  present  Declaration  is  not  and  slmll  not  be  bind- 


DECLARATION   ON   MARITIME   LAW.  309 

ing,  except  between  those  Powers  who  have  acceded  or 
shall  accede  to  it." 

The  Powers  which  acceded  to  the  Declaration  were 
Anbalt-Dessau,  the  Argentine  Confederation,  Baden, 
Bavaria,  Belgium,  Brazil,  Bremen,  Brunswick,  Chile, 
Denmark,  Equador,  the  German  Confederation,  Greece 
Guatemala,  Hamburg,  Hanover,  Hayti,  Holland,  Lubeck, 
Mecklenburg- Schwerin,  Mecklenburg- Strelitz,  Modena, 
Nassau,  New  Granada,  Oldenburg,  Parma,  Peru,  Portugal, 
the  Roman  States,  Saxe-Altenburg,  Saxe-Coburg-Gotha, 
Saxe-Meinengen,  Saxe- Weimar,  Saxony,  Sweden,  Switzer- 
land, the  Two  Hesse,  the  Two  Sicilies,  Tuscany,  Uruguay, 
and  Wiirtemburg. 

When  the  Declaration  was  communicated  by  the 
French  Minister,  Count  de  Sartiges,  to  the  United  States 
of  America,  Mr.  Secretary  Marey  answered  on  July  28, 
1856,  that  the  United  States  would  approve  of  the  Decla- 
ration provided  there  were  added  to  Art.  I.  the  following 
words  : — "  And  that  the  private  property  of  the  subjects  or 
citizens  of  a  belligerent  on  the  high  sea  shall  be  exempted 
from  seizure  by  public  armed  vessels  of  the  other  bellige- 
rent, except  it  be  contraband."  The  Government  of  the 
United  States  also  proposed  to  alter  the  form  of  the 
declaration  into  a  Treaty  on  the  subject.  The  considera- 
tion of  the  subject  was,  however,  soon  after  suspended 
by  the  election  of  a  new  President  of  the  United  States 
(see  M.  Marey 's  despatch  to  M.  Sartiges,  July  28,  1856). 


310  INTERNATIONAL   LAW. 


THE  TREATY  OF  WASHINGTON. 

The  Treaty  between  Her  Majesty  and  the  United  States 
of  America,  signed  at  Washington,  May  8, 1871,  respecting 
the  Alabama  claims,  provided  as  follows : — 

"  Art.  I.  Whereas  differences  have  arisen  between  the 
Government  of  the  United  States  and  the  Government  of 
Her  Britannic  Majesty,  and  still  exist,  growing  out  of  the 
acts  committed  by  the  several  vessels  which  have  given 
rise  to  the  claims  generically  known  as  the  Alabama 
claims : 

"  And  whereas  Her  Britannic  Majesty  has  authorized 
her  High  Commissioners  and  Plenipotentiaries  to  express, 
in  a  friendly  spirit,  the  regret  felt  by  Her  Majesty's 
Government  for  the  escape,  under  whatever  circumstances, 
of  the  Alabama  and  other  vessels  from  British  ports, 
and  for  the  depreciations  committed  by  those  vessels  : 

"Now,  in  order  to  remove  and  adjust  all  complaints 
and  claims  on  the  part  of  the  United  States,  a.nd  to  provide 
for  the  speedy  settlement  of  such  claims,  which  are  not 
admitted  by  Her  Britannic  Majesty's  Government,  the 
high  contracting  parties  agree  that  all  the  said  claims 
growing  out  of  acts  committed  by  the  aforesaid  vessels, 
and  generically  known  as  the  Alabama  claims,  shall  be 
referred  to  a  Tribunal  of  Arbitration  to  be  composed  of 
five  arbitrators  to  be  appointed  in  the  following  manner, 
that  is  to  say : — one  shall  be  named  by  Her  Britannic 
Majesty;  one  shall  be  named  by  the  President  of  the 
United  States ;  His  Majesty  the  King  of  Italy  shall  be 
requested  to  name  one ;  the  President  of  the  Swiss  Con- 
federation shall  be  requested  to  name  one  ;  and  His  Majesty 
the  Emperor  of  Brazil  shall  be  requested  to  name  one. 


THE   TREATY   OF   WASHINGTON.  311 

"  In  case  of  the  death,  absence,  or  incapacity  to  serve  of 
any  or  either  of  the  said  arbitrators,  or  in  the  event  of 
either  of  the  said  arbitrators  omitting,  or  declining,  or 
ceasing  to  act  as  such,  Her  Britannic  Majesty,  or  the 
President  of  the  United  States,  or  His  Majesty  the  King 
of  Italy,  or  the  President  of  the  Swiss  Confederation,  or 
His  Majesty  the  Emperor  of  Brazil,  as  the  case  may  be, 
may  forthwith  name  another  person  to  act  as  arbitrator 
in  the  place  and  stead  of  the  arbitrator  originally  named 
by  such  head  of  a  State. 

"  And  in  the  event  of  the  refusal  or  omission  for  two 
months  after  receipt  of  the  request  from  either  of  the 
high  contracting  parties  of  His  Majesty  the  King  of 
Italy,  or  the  President  of  the  Swiss  Confederation,  or  His 
Majesty  the  Emperor  of  Brazil,  to  name  an  arbitrator, 
either  to  fill  the  original  appointment,  or  in  the  place  of 
one  who  may  have  died,  be  absent,  or  incapacitated,  or  who 
may  omit,  decline,  or  from  any  cause  cease  to  act  as  such 
arbitrator,  His  Majesty  the  King  of  Sweden  and  Norway 
shall  be  requested  to  name  one  or  more  persons,  as  the 
case  may  be,  to  act  as  such  arbitrator  or  arbitrators. 

"  Art.  II.  The  arbitrators  shall  meet  at  Geneva,  in 
Switzerland,  at  the  earliest  convenient  day  after  they  shall 
have  been  named,  and  shall  proceed  impartially  and  care- 
fully to  examine  and  decide  all  questions  that  shall  be  laid 
before  them  on  the  part  of  the  Governments  of  Her  Bri- 
tannic Majesty  and  the  United  States  respectively.  All 
questions  considered  by  the  tribunal,  including  the  final 
award,  shall  be  decided  by  a  majority  of  all  the  arbitrators. 

"  Each  of  the  high  contracting  par-ties  shall  also  name 
one  person  to  attend  the  tribunal  as  its  agent,  to  represent 
it  generally  in  all  matters  connected  with  the  arbitration. 

"  Art.  III.  The  written  or  printed  case  of  each  of  the 


312  INTERNATIONAL   LAW. 

two  parties,  accompanied  by  the  documents,  the  official 
correspondence,  and  other  evidence  on  which  each  relies, 
shall  be  delivered  in  duplicate  to  each  of  the  arbitrators 
and  to  the  agent  of  the  other  party  as  soon  as  may  be  after 
the  organization  of  the  tribunal,  but  within  a  period  not 
exceeding  six  months  from  the  date  of  the  exchange  of  the 
ratification  of  this  Treaty. 

"  Art.  IV.  Within  four  months  after  the  delivery  on 
both  sides  of  the  written  or  printed  case,  either  party  may, 
in  like  manner,  deliver  in  duplicate  to  each  of  the  said 
arbitrators,  and  to  the  agent  of  the  other  party,  a  counter- 
case  and  additional  documents,  correspondence,  and  evi- 
dence, in  reply  to  the  case,  documents,  correspondence, 
and  evidence  so  presented  by  the  other  party. 

"  The  arbitrators  may,  however,  extend  the  time  for 
delivering  such  counter-case,  documents,  correspondence, 
and  evidence,  when  in  their  judgment  it  becomes  neces- 
sary, in  consequence  of  the  distance  of  the  place  from 
which  the  evidence  to  be  presented  is  to  be  procured. 

"  If  in  the  case  submitted  to  the  arbitrators  either  party 
shall  have  specified  or  alluded  to  any  report  or  document 
in  its  own  exclusive  possession  without  annexing  a  copy, 
such  party  shall  be  bound,  if  the  other  party  thinks  proper 
to  apply  for  it,  to  furnish  that  party  with  a  copy  thereof; 
and  either  party  may  call  upon  the  other,  through  the 
arbitrators,  to  produce  the  originals  or  certified  copies  of 
any  papers  adduced  as  evidence,  giving  in  each  instance 
such  reasonable  notice  as  the  arbitrators  may  require. 

"  Art.  V.  It  shall  be  the  duty  of  the  agent  of  each  party, 
within  two  months  after  the  expiration  of  the  time  limited 
for  the  delivery  of  the  counter-case  on  both  sides,  to  deliver 
in  duplicate  to  each  of  the  said  arbitrators  and  to  the 
agent  of  the  other  party  a  written  or  printed  argument 


THE   TREATY   OF   WASHINGTON.  313 

showing  the  points  and  referring  to  the  evidence  upon 
which  his  Government  relies  ;  and  the  arbitrators  may,  if 
they  desire  further  elucidation  with  regard  to  any  point, 
require  a  written  or  printed  statement  or  argument  or  oral 
argument  by  counsel  upon  it ;  but  in  such  case  the  other 
party  shall  be  entitled  to  reply  either  orally  or  in  writing, 
as  the  case  may  be. 

"  Art.  VI.  In  deciding  the  matters  submitted  to  the 
arbitrators  they  shall  be  governed  by  the  following  three 
rules,  which  are  agreed  upon  by  the  high  contracting 
parties  as  rules  to  be  taken  as  applicable  to  the  case,  and 
by  such  principles  of  international  law  not  inconsistent 
therewith  as  the  arbitrators  shall  determine  to  have  been 
applicable  to  the  case  : — 

"  Mules. 

"  A  neutral  Government  is  bound — 

"  First : — To  use  due  diligence  to  prevent  the  fitting 
out,  arming,  or  equipping,  within  its  jurisdiction,  of  any 
vessel  which  it  has  reasonable  ground  to  believe  is  in- 
tended to  cruize  or  to  carry  on  war  against  a  Power  with 
which  it  is  at  peace ;  and  also  to  use  like  diligence  to 
prevent  the  departure  from  its  jurisdiction  of  any  vessel 
intended  to  cruize  or  carry  on  war  as  above,  such  vessel 
having  been  specially  adapted,  in  whole  or  in  part,  within 
such  jurisdiction,  to  warlike  use. 

"  Secondly  : — Not  to  permit  or  suffer  either  belligerent 
to  make  use  of  its  ports  or  waters  as  the  base  of  naval 
operations  against  the  other,  or  for  the  purpose  of  the 
renewal  or  augmentation  of  military  supplies  or  arms,  or 
the  recruitment  of  men. 

"  Thirdly  : — To  exercise  due  diligence  in  its  own  ports 


ol4  INTERNATIONAL   LAW. 

and  waters,  and,  as  to  all  persons  within  its  jurisdiction, 
to  prevent  any  violation  of  the  foregoing  obligations  and 
duties. 

"  Her  Britannic  Majesty  has  commanded  her  High 
Commissioners  and  Plenipotentiaries  to  declare  that  Her 
Majesty's  Government  cannot  assent  to  the  foregoing 
rules  as  a  statement  of  principles  of  international  law 
which  were  in  force  at  the  time  when  the  claims  mentioned 
in  Art.  I.  arose,  but  that  Her  Majesty's  Government,  in 
order  to  evince  its  desire  of  strengthening  the  friendly 
relations  between  the  two  countries  and  of  making  satis- 
factory provision  for  the  future,  agrees  that,  in  deciding 
the  questions  between  the  two  countries  arising  out  of 
those  claims,  the  arbitrators  should  assume  that  Her 
Majesty's  Government  had  undertaken  to  act  upon  the 
principles  set  forth  in  these  rules. 

"  And  the  high  contracting  parties  agree  to  observe 
these  rules  as  between  themselves  in  future,  and  to  bring" 
them  to  the  knowledge  of  other  maritime  Powers  and  to 
invite  them  to  accede  to  them. 

"Art.  VII.  The  decision  of  the  tribunal  shall,  if  pos- 
sible, be  made  within  three  months  from  the  close  of  the 
argument  on  both  sides. 

"  It  shall  be  made  in  writing  and  dated,  and  shall  be 
signed  by  the  arbitrators  who  may  assent  to  it. 

"  The  said  tribunal  shall  first  determine  as  to  each 
vessel  separately  whether  Great  Britain  has,  by  any  act 
or  omission,  failed  to  ful61  any  of  the  duties  set  forth  in 
the  foregoing  three  rules,  or  recognized  by  the  principles 
of  international  law  not  inconsistent  with  such  rules,  and 
shall  certify  such  fact  as  to  each  of  the  said  vessels.  In 
case  the  tribunal  find  that  Great  Britain  has  failed  to 


THE   TREATY   OF   WASHINGTON.  315 

ful61  any  duty  or  duties  as  aforesaid,  it  may,  if  it  think 
proper,  proceed  to  award  a  sum  in  gross  to  be  paid  by 
Great  Britain  to  the  United  States  for  all  the  claims 
referred  to  it ;  and  in  such  case  the  gross  sum.  so  awarded 
shall  be  paid  in  coin  by  the  Government  of  Great  Britain 
to  the  Government  of  the  United  States  at  Washington 
within  twelve  months  after  the  date  of  the  award. 

"  The  award  shall  be  in  duplicate,  one  copy  whereof 
shall  be  delivered  to  the  agent  of  Great  Britain  for  his 
Government,  and  the  other  copy  shall  be  delivered  to  the 
agent  of  the  United  States  for  his  Government. 

"  Art.  VIII.  Each  Government  shall  pay  its  own  agent 
and  provide  for  the  proper  remuneration  of  the  counsel 
employed  by  it,  and  of  the  arbitrator  appointed  by  it,  and 
for  the  expense  of  preparing  and  submitting  its  case  to 
the  tribunal.  All  other  expenses  connected  with  the 
arbitration  shall  be  defrayed  by  the  two  Governments  in 
equal  moieties. 

"  Art.  IX.  The  arbitrators  shall  keep  an  accurate  record 
of  their  proceedings,  and  may  appoint  and  employ  the 
necessary  officers  to  assist  them. 

"  Art.  X.  In  case  the  tribunal  finds  that  Great  Britain 
has  failed  to  fulfil  any  duty  or  duties  as  aforesaid,  and 
does  not  award  a  sum  in  gross,  the  high  contracting 
parties  agree  that  a  Board  of  Assessors  shall  be  appointed 
to  ascertain  and  determine  what  claims  are  valid,  and 
what  amount  or  amounts  shall  be  paid  by  Great  Britain 
to  the  United  States  on.  account  of  the  liability  arising 
from  such  failure  as  to  each  vessel,  according  to  the  extent 
of  such  liability  as  decided  by  the  arbitrators. 

"  The  Board  of  Assessors  shall  be  constituted  as 
follows  : — One  member  thereof  shall  be  named  by  Her 
Britannic  Majesty,  one  member  thereof  shall   be  named 


310  INTERNATIONAL   LAW. 

by  the  President  of  the  United  States,  and  one  member 
thereof  shall  be  named  by  the  representative  at  Washing- 
ton of  His  Majesty  the  King  of  Italy ;  and  in  case  of  a 
vacancy  happening  from  any  cause,  it  shall  be  filled  in 
the  same  manner  in  which  the  original  appointment  was 
made. 

"  As  soon  as  possible  after  such  nominations  the  Board 
of  Assessors  shall  be  organized  in  "Washington,  with 
power  to  hold  their  sittings  there,  or  in  ISTew  York,  or  in 
Boston.  The  members  thereof  shall  severally  subscribe 
a  solemn  declaration  that  they  will  impartially  and  care- 
fully examine  and  decide,  to  the  best  of  their  judgment 
and  according  to  jiistice  and  equity,  all  matters  submitted 
to  them,  and  shall  forthwith  proceed,  under  such  rules 
and  regulations  as  they  may  prescribe,  to  the  investiga- 
tion of  the  claims  which  shall  be  presented  to  them  by 
the  Government  of  the  United  States,  and  shall  examine 
and  decide  upon  them  in  such  order  and  manner  as  they 
may  think  proper,  but  upon  such  evidence  or  information 
only  as  shall  be  furnished  by  or  on  behalf  of  the  Govern- 
ments of  Great  Britain  and  of  the  United  States  respec- 
tively. They  shall  be  bound  to  hear  on  each  separate 
claim,  if  required,  one  person  on  behalf  of  each  Govern- 
ment as  counsel  or  agent.  A  majority  of  the  assessors 
in  each  case  shall  be  sufficient  for  a  decision. 

"  The  decision  of  the  assessors  shall  be  given  upon  each 
claim  in  writing,  and  shall  be  signed  by  them  respectively, 
and  dated. 

"  Every  claim  shall  be  presented  to  the  assessors  within 
six  months  from  the  day  of  their  first  meeting ;  but  they 
may,  for  good  cause  shown,  extend  the  time  for  the  pre- 
sentation of  any  claim  to  a  further  period  not  exceeding 
three  months. 


THE   TREATY   OF   WASHINGTON.  317 

"  The  assessors  shall  report  to  each.  Government,  at  or 
before  the  expiration  of  one  year  from  the  date  of  their 
first  meeting,  the  amount  of  claims  decided  by  them  up  to 
the  date  of  such  report ;  if  further  claims  then  remain 
undecided,  they  shall  make  a  further  report  at  or  before 
the  expiration  of  two  years  from  the  date  of  such  first 
meeting  ;  and  in  case  any  claims  remain  undetermined  at 
that  time,  they  shall  make  a  final  report  within  a  further 
period  of  six  months. 

"  The  report  or  reports  shall  be  made  in  duplicate,  and 
one  copy  thereof  shall  be  delivered  to  the  representative 
of  Her  Britannic  Majesty  at  Washington,  and  one  copy 
thereof  to  the  Secretary  of  State  of  the  United  States. 

"  All  sums  of  money  which  may  be  awarded  under 
this  article  shall  be  payable  at  Washington,  in  coin,  within 
twelve  months  after  the  delivery  of  each  report. 

"  The  Board  of  Assessors  may  employ  such  clerks  as 
they  shall  think  necessary. 

"  The  expenses  of  the  Board  of  Assessors  shall  be 
borne  equally  by  the  two  Governments,  and  paid  from 
time  to  time,  as  may  be  found  expedient,  on  the  produc- 
tion of  accounts  certified  by  the  board.  The  remuneration 
of  the  assessors  shall  also  be  paid  by  the  two  Governments 
in  equal  moieties  in  a  similar  manner. 

"  Art.  XI.  The  high  contracting  parties  engage  to  con- 
sider the  result  of  the  proceedings  of  the  Tribunal  of 
Arbitration  and  of  the  Board  of  Assessors,  should  such 
board  be  appointed,  as  a  full,  perfect,  and  final  settlement 
of  all  the  claims  hereinbefore  referred  to ;  and  further 
engage  that  every  such  claim,  whether  the  same  may  or  may 
not  have  been  presented  to  the  notice  of,  made,  preferred, 
or  laid  before  the  tribunal  or  board,  shall,  from  and  after 
the  conclusion  of  the  proceedings  of  the  tribunal  or  board, 


318  INTERNATIONAL   LAW. 

be  considered  and  treated  as  finally  settled,  barred,  and 
thenceforth  inadmissible. 

"  Art.  XII.  The  high  contracting  parties    agree  that 
all    claims   on   the   part   of   corporations,   companies,  or 
private  individuals,  citizens  of  the  United  States,  upon 
the  Government  of  Her  Britannic  Majesty,  arising  out  of 
acts  committed  against  the  persons  or  property  of  citizens 
of  the  United  States  during  the  period  between  the  13th 
of  April,  1801,  and  the  9th  of  April,  1805,  inclusive,  not 
being  claims  growing  out  of  the  acts  of  the  vessels  referred 
to  in  Art.  I.  of  this  Treaty  ;  and  all  claims,  with  the  like 
exception,  on  the  part  of  corporations,  companies,  or  pri- 
vate individuals,  subjects  of  Her  Britannic  Majesty,  upon 
the  Government  of  the  United  States,  arising  out  of  acts 
committed  against  the  persons  or  property  of  subjects  of 
Her   Britannic   Majesty   during  the   same  period,  which 
may  have  been  presented  to  either  Government  for  its 
interposition  with  the  other,  and  which  yet  remain  un- 
settled, as  well  as  any  other  such  claims  which  may  be 
presented  within  the  time  specified  in  Art.  XIV.  of  this 
Treaty,  shall   be  referred  to  three   commissioners,  to  be 
appointed  in  the  following  manner,  that  is  to  say  : — One 
commissioner  shall  be  named  by  Her  Britannic  Majesty, 
one  by  the  President  of  the  United  States,  and  a  third  by 
Her  Britannic  Majesty  and   the  President  of  the  United 
States   conjointly ;    and   in  case   the  third  commissioner 
shall  not  have  been  so  named  within  a  period  ,of  three 
months  from  the  date  of  the  exchange  of  the  ratifications 
of  this  Treaty,  then  the  third  commissioner  shall  be  named 
by  the  representative  at  Washington  of  His  Majesty  the 
King  of   Spain.       In  case  of  the   death,  absence,  or  in- 
capacity  of  any  commissioner,   or   in  the  event  of   any 
commissioner  omitting  or  ceasing  to  act,  the  vacancy  shall 


THE   TREATY   OF   WASHINGTON.  319 

be  filled  in  the  manner  hereinbefore  provided  for  making 
the  original  appointment,  the  period  of  three  months  in 
case  of  such  substitution  being  calculated  from  the  date 
of  the  happening  of  the  vacancy. 

"  The  commissioners  so  named  shall  meet  at  Washing- 
ton at  the  eai'liest  convenient  period  after  they  have  been 
respectively  named ;  and  shall,  before  proceeding  to  any 
business,  make  and  subscribe  a  solemn  declaration  that 
they  will  impartially  and  carefully  examine  and  decide, 
to  the  best  of  their  judgment,  and  according  to  justice 
and  equity,  all  such  claims  as  shall  be  laid  before  them 
on  the  part  of  the  Governments  of  Her  Britannic 
Majesty,  and  of  the  United  States,  respectively ;  and 
such  declaration  shall  be  entered  on  the  record  of  their 
proceedings. 

"  Art.  XIII.  The  commissioners  shall  then  forthwith 
proceed  to  the  investigation  of  the  claims  which  shall  be 
presented  to  them.  They  shall  investigate  and  decide  such 
claims  in  such  order  and  such  manner  as  they  may  think 
proper,  but  upon  such  evidence  of  information  only  as 
shall  be  furnished  by  or  on  behalf  of  their  respective 
Governments.  They  shall  be  bound  to  receive  and  con- 
sider all  written  documents  or  statements  which  may  be 
presented  to  them  by  or  on  behalf  of  their  respective 
Governments  in  support  of,  or  in  answer  to,  any  claim ; 
and  to  hear,  if  required,  one  person  on  each  side,  on  behalf 
of  each  Government,  as  counsel  or  agent  for  such  Govern- 
ment, on  each  and  every  separate  claim.  A  majority  of 
the  commissioners  shall  be  sufficient  for  an  award  in  each 
case.  The  award  shall  be  given  upon  each  claim  in 
writing,  and  shall  be  signed  by  the  commissioners  assent- 
ing to  it.  It  shall  be  competent  for  each  Government  to 
name  one  person  to  attend  the  commissioners  as  its  agent 


320  INTERNATIONAL   LAW. 

to  present  and  support  claims  on  its  behalf,  and  to  answer 
claims  made  upon  it,  and  to  represent  it  generally  in  all 
matters  connected  with  the  investigation  and  decision 
thereof. 

"  The  high  contracting  parties  hereby  engage  to  con- 
sider the  decision  of  the  commissioners  as  absolutely  final 
and  conclusive  upon  each  claim  decided  upon  by  them, 
and  to  give  full  effect  to  such  decisions  without  any 
objection,  evasion,  or  delay  whatsoever. 

"  Art.  XIV.  Every  claim  shall  be  presented  to  the  com- 
missioners within  six  months  from  the  day  of  their  first 
meeting,  unless  in  any  case  where  reasons  for  delay  shall 
be  established  to  the  satisfactiou  of  the  commissioners ; 
and  then,  and  in  any  such  case,  the  period  for  presenting 
the  claim  may  be  extended  by  them  to  any  time  not  ex- 
ceeding three  months  longer. 

"  The  commissioners  shall  be  bound  to  examine  and 
decide  upon  every  claim  within  two  years  from  the  day 
of  their  first  meeting.  It  shall  be  competent  for  the 
commissioners  to  decide  in  each  case  whether  any  claim 
has  or  has  not  been  duly  made,  preferred,  or  laid  before 
them,  either  wholly  or  to  any  and  what  extent,  according 
to  the  true  intent- and  meaning  of  this  Treaty. 

"  Art.  XV.  All  sums  of  money  which  may  be  awarded 
by  the  commissioners  on  account  of  any  claim  shall  be 
paid  by  the  one  Government  to  the  other,  as  the  case  may 
be.  within  twelve  months  after  the  date  of  the  final  award, 
without  interest,  and  without  any  deduction  save  as 
specified  in  Art.  XVI.  of  this  Treaty. 

"  Art.  XVI.  The  commissioners  shall  keep  an  accurate 
record,  and  correct  minutes  or  notes  of  all  their  proceed- 
ings, with  the  dates  thereof,  and  may  appoint  and  employ 
a  secretary,  and  any  other  necessary  officer  or  officers,  to 


THE   TREATY   OF   WASHINGTON.  321 

assist  them  in  the  transaction  of  the  business  which  may 
come  before  them. 

"  Each  Government  shall  pay  its  own  commissioner  and 
agent  or  counsel.  All  other  expenses  shall  be  defrayed 
by  the  two  Governments  in  equal  moieties. 

"  The  whole  expenses  of  the  commission,  including 
contingent  expenses,  shall  be  defrayed  by  a  ratable 
deduction  on  the  amount  of  the  sums  awarded  by  the 
commissioners ;  provided  always  that  such  deduction 
shall  not  exceed  the  rate  of  five  per  cent,  on  the  sums  so 
awarded. 

"  Art.  XVII.  The  high  contracting  pai'ties  engage  to 
consider  the  result  of  the  proceedings  of  this  commission 
as  a  full,  perfect,  and  final  settlement  of  all  such  claims 
as  are  mentioned  in  Art.  XII.  of  this  Treaty  upon  either 
Government;  and  further  engage  that  every  such  claim, 
whether  or  not  the  same  have  been  presented  to  the  notice 
of,  made,  preferred,  or  laid  before  the  said  commission, 
shall,  from  and  after  the  conclusion  of  the  proceedings  of 
the  said  commission,  be  considered  and  treated  as  finally 
settled,  barred,  and  thenceforth  inadmissible. 

"  Art.  XVIII.  It  is  agreed  by  the  high  contracting 
parties  that,  in  addition  to  the  liberty  secured  to  the 
United  States'  fishermen  by  the  Convention  between 
Great  Britain  and  the  United  States,  signed  at  London 
on  the  20th  day  of  October,  1818,  of  taking,  curing,  and 
drying  fish  on  certain  coasts  of  British  North  American 
Colonies  therein  defiued,  the  inhabitants  of  the  United 
States  shall  have,  in  common  with  the  subjects  of  Her 
Britannic  Majesty,  the  liberty,  for  the  term  of  years 
mentioned  in  Art.  XXXIII.  of  this  Treaty,  to  take  fish  of 
every  kind,  except  shell-fish,  on  the  sea-coasts  and  shores, 
and  in  the  bays,  harbours,  and  creeks,  of  the  provinces  of 
15 


322  INTERNATIONAL   LAW. 

Quebec,  Nova  Scotia,  and  New  Brunswick,  and  the 
colony  of  Prince  Edward's  Island,  and  of  the  several 
islands  thereunto  adjacent,  without  being  restricted  to 
any  distance  from  the  shore,  with  permission  to  land  upon 
the  said  coasts  and  shores  and  islands,  and  also  upon  the 
Magdalen  Islands,  for  the  purpose  of  drying  their  nets 
and  curing  their  fish  ;  provided  that,  in  so  doing,  they  do 
not  interfere  with  the  rights  of  private  property,  or  with 
British  fishermen,  in  the  peaceable  use  of  any  part  of  the 
said  coasts  in  their  occupancy  for  the  same  purpose. 

"  It  is  understood  that  the  above-mentioned  liberty 
applies  solely  to  the  sea-fishery,  and  that  the  salmon  and 
shad  fisheries,  and  all  other  fisheries  in  rivers  and  the 
mouths  of  rivers,  are  hereby  reserved  exclusively  for 
British  fishermen. 

"  Art.  XIX.  It  is  agreed  by  the  high  contracting 
parties  that  British  subjects  shall  have,  in  common  with 
the  citizens  of  the  United  States,  the  liberty,  for  the  term 
of  years  mentioned  in  Art.  XXXIII.  of  this  Treaty,  to 
take  fish  of  every  kind,  except  shell-fish,  on  the  eastern 
sea-coasts  and  shores  of  the  United  States  north  of  the 
thirty-ninth  parallel  of  north  latitude,  and  on  the  shores 
of  the  several  islands  thereunto  adjacent,  and  in  the  bays, 
harbours,  and  creeks  of  the  said  sea-coasts  and  shores  of 
the  United  States  and  of  the  said  islands,  without  being 
restricted  to  any  distance  from  the  shore,  with  permission 
to  land  upon  the  said  coasts  of  the  United  States  and  of 
the  islands  aforesaid,  for  the  purpose  of  drying  their  nets 
and  curing  their  fish  ;  provided  that,  in  so  doing,  they  do 
not  interfere  with  the  rights  of  private  property,  or  with 
the  fishermen  of  the  United  States,  in  the  peaceable  use 
of  any  part  of  the  said  coasts  in  their  occupancy  for  the 
same  purpose. 


THE   TREATY   OF   WASHINGTON.  323 

"  It  is  understood  that  the  above-mentioned  liberty 
applies  solely  to  the  sea-fishery,  and  that  salmon  and  shad 
fisheries,  and  all  other  fisheries  in  rivers  and  mouths  of 
rivers,  are  hereby  reserved  exclusively  for  fishermen  of  the 
United  States. 

"  Art.  XX.  It  is  agreed  that  the  places  designated  by 
the  commissioners  appointed  under  the  first  article  of  the 
Treaty  between  Great  Britain  and  the  United  States, 
concluded  at  Washington  on  the  5th  of  June,  1854,  upon 
the  coasts  of  Her  Britannic  Majesty's  dominions  and  the 
United  States,  as  places  reserved  from  the  common  right 
of  fishing  under  that  Treaty,  shall  be  regarded  as  in  like 
manner  reserved  from  the  common  right  of  fishing  under 
the  preceding  articles.  In  case  any  question  should  arise 
between  the  Governments  of  her  Britannic  Majesty  and 
of  the  United  States  as  to  the  common  right  of  fishing  in 
places  not  thus  designated  as  reserved,  it  is  agreed  that  a 
commission  shall  be  appointed  to  designate  such  places, 
and  shall  be  constituted  in  the  same  manner,  and  have  the 
same  powers,  duties,  and  authority  as  the  commission 
appointed  under  the  said  first  article  of  the  Treaty  of  the 
5th  of  June,  185-4. 

"  Art.  XXI.  It  is  agreed  that,  for  the  term  of  years 
mentioned  in  Art.  XXXIII.  of  this  Treaty,  fish  oil  and 
fish  of  all  kinds  (except  fish  of  the  inland  lakes,  and  of 
the  rivers  falling  into  them,  and  except  fish  preserved  in 
oil),  being  the  produce  of  the  fisheries  of  the  Dominion 
of  Canada,  or  of  Prince  Edward's  Island,  or  of  the  United 
States,  shall  be  admitted  into  each  country,  respectively, 
free  of  duty. 

"  Art.  XXII.  Inasmuch  as  it  is  asserted  by  the  Govern- 
ment of  Her  Britannic  Majesty  that  the  privileges  ac- 
corded to  the  citizens   of  the   United  States  under  Art. 


324  INTERNATIONAL   LAW 

XVIII.  of  this  Treaty  are  of  greater  value  than  those 
accorded  by  Arts.  XIX.  and  XXI.  of  this  Treaty  to  the 
subjects  of  Her  Britannic  Majesty,  and  this  assertion  is 
not  admitted  by  the  Government  of  the  United  States  ; 
it  is  further  agreed  that  commissioners  shall  be  appointed 
to  determine,  having  regard  to  the  privileges  accorded  by 
the  United  States  to  the  subjects  of  Her  Britannic  Majesty 
as  stated  in  Arts.  XIX.  and  XXI.  of  this  Treaty,  the 
a  mount  of  any  compensation  which,  in  their  opinion, 
onght  to  be  paid  by  the  Government  of  the  United  States 
to  the  Government  of  Her  Britannic  Majesty  in  return  for 
the  privileges  accorded  to  the  citizens  of  the  United 
States  nnder  Art.  XVIII.  of  this  Treaty ;  and  that  any 
sum  of  money  which  the  said  commissioners  may  so 
award  shall  be  paid  by  the  United  States  Government,  in 
a  gross  sum,  within  twelve  months  after  such  award  shall 
have  been  given, 

"Art.  XXIII.  The  commissioners  referred  to  in  the 
preceding  Article  shall  be  appointed  in  the  following 
manner,  that  is  to  say: — One  commissioner  shall  be  named 
by  Her  Britannic  Majesty,  one  by  the  President  of  the 
United  States,  and  a  third  by  Her  Britannic  Majesty 
and  the  President  of  the  United  States  conjointly;  and 
in  case  the  third  commissioner  shall  not  have  been  so 
named  within  a  period  of  three  months  from  the  date 
when  this  Article  shall  take  effect,  then  the  third  com- 
missioner shall  be  named  by  the  representative  at  London 
of  His  Majesty  the  Emperor  of  Austria  and  King  of 
Hungary.  In  case  of  the  death,  absence,  or  incapacity 
of  any  commissioner,  or  in  the  event  of  any  commissioner 
omitting  or  ceasing  to  act,  the  vacancy  shall  be  filled  in 
the  manner  hereinbefore  provided  for  making  the  original 
appointment,  the  period  of  three  months  in  case  of  such 


THE   TREATY   OF   WASHINGTON.  325 

substitution  being  calculated  from  tbe  date  of  the  happen- 
ing of  the  vacancy. 

"The  commissioners  so  named  shall  meet  in  the  city  of 
Halifax,  in  the  province  of  Nova  Scotia,  at  the  earliest 
convenient  period  after  they  have  been  respectively 
named,  and  shall,  before  proceeding  to  any  business, 
make  and  subscribe  a  solemn  declaration  that  they  will 
impartially  and  carefully  examine  and  decide  the  matters 
referred  to  them  to  the  best  of  their  judgment,  and 
according  to  justice  and  ecpiity ;  and  such  declaration 
shall  be  entered  on  the  record  of  their  proceedings. 

"  Each  of  the  high  contracting  parties  shall  also  name 
one  person  to  attend  the  commission  as  its  agent,  to  repre- 
sent it  generally  in  all  matters  conuected  with  the  com- 
mission. 

"  Art.  XXIV.  The  proceedings  shall  be  conducted  in 
such  order  as  the  commissioners  appointed  under  Arts. 
XXII.  and  XXIII.  of  this  Treaty  shall  determine.  They 
shall  be  bound  to  receive  such  oral  or  written  testimony 
as  either  Government  may  present.  If  either  party  shall 
offer  oral  testimony,  the  other  party  shall  have  the  right 
of  cross-examination,  under  such  rules  as  the  com- 
missioners shall  prescribe. 

"If  in  the  case  submitted  to  the  commissioners  either 
party  shall  have  specified  or  alluded  to  any  report  or 
document  in  its  own  exclusive  possession,  without  annex- 
ing a  copy,  such  party  shall  be  bound,  if  the  other  party 
thinks  proper  to  apply  for  it,  to  furnish  that  party  with 
a  copy  thereof ;  and  either  party  may  call  upon  the  other, 
through  the  commissioners,  to  produce  the  originals  or 
certified  copies  of  any  papers  adduced  as  evidence,  giving 
in  each  instance  such  reasonable  notice  as  the  Com- 
missioners may  require. 


326  INTERNATIONAL   LAW. 

"  The  case  on  either  side  shall  be  closed  within  a  period 
of  six  months  from  the  date  of  the  organization  of  the 
commission,  and  the  commissioners  shall  be  requested  to 
give  their  award  as  soon  as  possible  thereafter.  The 
aforesaid  period  of  six  months  may  be  extended  for  three 
months  in  case  of  a  vacancy  occurring  among  the  com- 
missioners under  the  circum stances  contemplated  in 
Art.  XXIII.  of  this  Treaty. 

"  Art.  XXV.  The  commissioners  shall  keep  an 
accurate  record  and  correct  minutes  or  notes  of  all  their 
proceedings,  with  the  dates  thereof,  and  may  appoint  and 
employ  a  secretary  and  any  other  necessary  officer  or 
officers  to  assist  them  in  the  transaction  of  the  business 
which  may  come  before  them. 

"  Each  of  the  high  contracting  parties  shall  pay  its 
own  commissioner  and  agent  or  counsel ;  all  other 
expenses  shall  be  defrayed  by  the  two  Governments  in 
equal  moieties. 

"  Art.  XXVI.  The  navigation  of  the  river  St.  Law- 
rence, ascending  and  descending,  from  the  forty-fifth 
parallel  of  north  latitude,  where  it  ceases  to  form  the 
boundary  between  the  two  countries,  from,  to,  and  into 
the  sea,  shall  for  ever  remain  free  and  open  for  the 
purposes  of  commerce  to  the  citizens  of  the  United  States, 
subject  to  any  laws  and  regulations  of  Great  Britain,  or 
of  the  Dominion  of  Canada,  not  inconsistent  with  such 
privilege  of  free  navigation. 

"The  navigation  of  the  rivers  Yukon,  Poi'cupine,  and 
Stikine,  ascending  and  descending  from,  to,  and  into  the 
sea,  shall  for  ever  remain  free  and  open  for  the  purposes 
of  commerce  to  the  subjects  of  Her  Britannic  Majesty 
and  to  the  citizens  of  the  United  States,  subject  to  any 
laws  and  regulations   of   either   country   within  its  own 


THE   TREATY   OF   WASHINGTON.  327 

territory,   not   inconsistent    with    such    privilege    of   free 
navigation. 

"Art.  XXVII.  The  Government  of  Her  Britannic 
Majesty  engages  to  nrge  upon  the  Government  of  the 
Dominion  of  Canada  to  secure  to  the  citizens  of  the 
United  States  the  use  of  the  Wellaud,  St.  Lawrence,  and 
other  canals  in  the  Dominion  on  terms  of  equality  with 
the  inhabitants  of  the  Dominion  ;  and  the  Government  of 
the  United  States  engages  that  the  subjects  of  Her 
Britannic  Majesty  shall  enjoy  the  use  of  the  St.  Clair 
Flats  Canal  on  terms  of  equality  with  the  inhabitants  of 
the  United  States,  and  further  engages  to  urge  upon  the 
State  Governments  to  secure  to  the  subjects  of  Her 
Britannic  Majesty  the  use  of  the  several  State  canals 
connected  with  the  navigation  of  the  lakes  or  rivers 
traversed  by  or  contiguous  to  the  boundary  line  between 
the  possessions  of  the  high  contracting  parties,  on  terms 
of  equality  with  the  inhabitants  of  the  United  States. 

"  Art.  XXVIII.  The  navigation  of  Lake  Michigan  shall 
also,  for  the  term  of  years  mentioned  in  Art.  XXXIII. 
of  this  Treaty,  be  free  and  open  for  the  purposes  of 
commerce  to  the  subjects  of  Her  Britannic  Majesty, 
subject  to  any  laws  and  regulations  of  the  United  States 
or  of  the  States  bordering  thereon  not  inconsistent  with 
such  privilege  of  free  navigation. 

"  Art.  XXIX.  It  is  agreed  that,  for  the  term  of  years 
mentioned  in  Art.  XXXIII.  of  this  Treaty,  goods,  wares, 
or  merchandise  arriving  at  the  ports  of  New  York,  Boston, 
and  Portland,  and  any  other  ports  in  the  United  States 
which  have  been  or  may  from  time  to  time  be  specially 
designated  by  the  President  of  the  United  States,  and 
destined  for  Her  Britannic  Majesty's  possessions  in 
North   America,  may  be   entered  at  the  proper  custom- 


328  INTERNATIONAL  LAW. 

house  and  conveyed  in  transit,  without  the  payment  of 
duties,  through  the  territory  of  the  United  States,  under 
such  rules,  regulations,  and  conditions  for  the  protection 
of  the  revenue  as  the  Government  of  the  United  States 
may  from  time  to  time  prescribe  ;  and,  under  like  rules, 
regulations,  and  conditions,  goods,  wares,  or  merchandise 
may  be  conveyed  in  transit,  without  the  payment  of  duties, 
from  such  possessions  through  the  territory  of  the  United 
States  for  export  from  the  said  ports  of  the  United 
States. 

"  It  is  further  agreed  that  for  the  like  period  goods, 
wares,  or  merchandise  arriving  at  any  of  the  ports  of  Her 
Britannic  Majesty's  possessions  in  North  America  and 
destined  for  the  United  States  may  be  entered  at  the 
proper  custom-house  and  conveyed  in  transit,  without 
the  payment  of  duties,  through  the  said  possessions,  under 
such  rules  and  regulations,  and  conditions  for  the  pro- 
tection of  the  revenue,  as  the  Governments  of  the  said 
possessions  may  from  time  to  time  prescribe ;  and,  under 
like  rules, '  regulations,  and  conditions,  goods,  wares,  or 
merchandise  may  be  conveyed  in  transit,  without  payment 
of  duties,  from  the  United  States  through  the  said 
possessions  to  other  places  in  the  United  States,  or  for 
export  from  ports  in  the  said  possessions. 

"Art.  XXX.  It  is  agreed  that,  for  the  term  of  years 
mentioned  in  Art.  XXXIII.  of  this  Treaty,  subjects 
of  Her  Britannic  Majesty  may  carry  in  British  vessels, 
without  payment  of  duty,  goods,  wares,  or  merchandise 
from  one  port  or  place  within  the  territory  of  the  United 
States  upon  the  St.  Lawrence,  the  Great  Lakes,  and  the 
rivers  connecting  the  same,  to  another  port  or  place 
within  the  territory  of  the  United  States  as  aforesaid: 
Provided,  That  a  portion  of  such  transportation  is  made 


THE   TREATY   OF   WASHINGTON.  329 

through  the  Dominion  of  Canada  by  land  carnage  and 
in  bond,  under  such  rules  and  regulations  as  may  be 
agreed  upon  between  the  Government  of  Her  Britannic 
Majesty  and  the  Government  of  the  United  States. 

"  Citizens  of  the  United  States  may  for  the  like  period 
carry  in  United  States  vessels,  without  payment  of  duty, 
goods,  wares,  or  merchandise  from  one  port  or  place 
within  the  possessions  of  Her  Britannic  Majesty  in  North 
America,  to  another  port  or  place  within  the  said  pos- 
sessions :  Provided,  That  a  portion  of  such  transportation 
is  made  through  the  territory  of  the  United  States  by 
land  carriage  and  in  bond,  under  such  rules  and  regula- 
tions as  may  be  agreed  upon  between  the  Government 
of  Her  Britannic  Majesty  and  the  Government  of  the 
United  States. 

"  The  Government  of  the  United  States  further  engages 
not  to  impose  any  export  duties  on  goods,  wares,  or  mer- 
chandise carried  under  this  article  through  the  territory 
of  the  United  States ;  and  Her  Majesty's  Government 
engages  to  urge  the  Parliament  of  the  Dominion  of 
Canada  and  the  Legislatures  of  the  other  colonies  not 
to  impose  any  export  duties  on  goods,  wares,  or  merchan- 
dise carried  under  this  Article ;  and  the  Government  of 
the  United  States  may,  in  case  such  export  duties  are 
imposed  by  the  Dominion  of  Canada,  suspend,  during 
the  period  that  such  duties  are  imposed,  the  right  of 
carrying  granted  under  this  article  in  favour  of  the 
subjects  of  Her  Britannic  Majesty. 

'l  The  Government  of  the  United  States  may  suspend 
the  right  of  carrying  granted  in  favour  of  the  subjects 
of  Her  Britannic  Majesty  under  this  article  in  case  the 
Dominion  of  Canada  should  at  any  time  deprive  the  citi- 
zens of  the  United  States  of  the  use  of  the  canals  in  the 


ooO  INTERNATIONAL   LAW. 

said  Dominion  on  terms  of  equality  with  the  inhabitants 
of  the  Dominion,  as  provided  in  Art.  XXVII. 

"Art.  XXXI.  The  Government  of  Her  Britannic 
Majesty  further  engages  to  urge  upon  the  Parliament 
of  the  Dominion  of  Canada  and  the  Legislature  of  New 
Brunswick,  that  no  export  duty,  or  other  duty,  shall  be 
levied  on  lumber  or  timber  of  any  kind  cut  on  that  portion 
of  the  American  territory  in  the  State  of  Maine  watered 
by  the  river  St.  John  and  its  tributaries,  and  floated  down 
that  river  to  the  sea,  when  the  same  is  shipped  to  the 
United  States  from  the  province  of  New  Brunswick. 
And,  in  case  any  such  export  or  other  duty  continues 
to  be  levied  after  the  expiration  of  one  year  from  the 
date  of  the  exchange  of  the  ratifications  of  this  Treaty, 
it  is  agreed  that  the  Government  of  the  United  States 
may  suspend  the  right  of  carrying  hereinbefore  granted 
under  Art.  XXX.  of  this  Treaty  for  such  period  as  such 
export  or  other  duty  may  be  levied. 

"  Art.  XXXII.  It  is  further  agreed  that  the  provisions 
and  stipulations  of  Arts.  XVIII.  to  XXV.  of  this  Treaty, 
inclusive,  shall  extend  to  the  colony  of  Newfoundland,  so 
far  as  they  are  applicable.  But  if  the  Imperial  Parlia- 
ment, the  Legislature  of  Newfoundland,  or  the  Congress 
of  the  United  States,  shall  not  embrace  the  colony  of 
Newfoundland  in  their  laws  enacted  for  carrying  the 
foregoing  articles  into  effect,  then  this  article  shall  be 
of  no  effect ;  but  the  omission  to  make  provision  by  law 
to  give  it  effect,  by  either  of  the  legislative  bodies  afore- 
said, shall  not  in  any  way  impair  any  other  articles  of 
this  Treaty. 

"Art.  XXXIII.  The  foregoing  Arts.  XVIII.  to  XXV. 
inclusive,  and  Art.  XXX.  of  this  Treaty,  shall  take  effect 
as  soon  as  the  laws  required  to  carry  them  into  operation 


THE  TREATY  OF  WASHINGTON.       331 

shall  have  been  passed  by  the  Imperial  Parliament  of 
Great  Britain,  by  the  Parliament  of  Canada,  and  by  the 
Legislature  of  Prince  Edward's  Island  on  the  one  hand, 
and  by  the  Congress  of  the  United  States  on  the  other. 
Such  assent  having  been  given,  the  said  articles  shall 
remain  in  force  for  the  period  of  ten  years  from  the  date 
at  which  they  may  come  into  operation,  and  further,  until 
the  expiration  of  two  years  after  either  of  the  high  con- 
tracting parties  shall  have  given  notice  to  the  other  of 
its  wish  to  terminate  the  same  ;  each  of  the  high  con- 
tracting parties  being  at  liberty  to  give  such  notice  to 
the  other  at  the  end  of  the  said  period  of  ten  years  or  at 
any  time  afterward. 

"  Art.  XXXIV.  Whereas  it  was  stipulated  by  Art.  I. 
of  the  Treaty  concluded  at  Washington  on  the  15th  of 
June,  1816,  between  Her  Britannic  Majesty  and  the 
United  States,  that  the  line  of  boundary  between  the  terri- 
tories of  Her  Britannic  Majesty  and  those  of  the  United 
States,  from  the  point  on  the  forty-ninth  parallel  of  north 
latitude  up  to  which  it  had  already  been  ascertained, 
should  be  continued  westward  along  the  said  parallel 
of  north  latitude  '  to  the  middle  of  the  channel  which 
separates  the  continent  from  Vancouver's  Island,  and 
thence  southerly,  through  the  middle  of  the  said  channel 
and  of  Fuca  Straits,  to  the  Pacific  Ocean  ; '  and  whereas 
the  commissionei-s  appointed  by  the  two  high  contract- 
ing parties  to  determine  that  portion  of  the  boundary 
which  runs  southerly  through  the  middle  of  the  channel 
aforesaid  were  unable  to  agree  upon  the  same;  and 
whereas  the  Government  of  Her  Britannic  Majesty  claims 
that  such  boundary  line  should,  under  the  terms  of  the 
Treaty  above  recited,  be  run  through  the  Rosario  Straits, 
and  the  Government  of  the  United  States  claims  that  it 


oo2  INTERNATIONAL  LAW 

should  be  run  through  the  Canal  de  Haro,  it  is  agreed 
that  the  respective  claims  of  the  Government  of  Her 
Britannic  Majesty  and  of  the  Government  of  the  United 
Slates  shall  be  submitted  to  the  arbitration  and  award 
of  His  Majesty  the  Emperor  of  Germany,  who,  having 
regard  to  the  above-mentioned  article  of  the  said  Treaty, 
shall  decide  thereupon,  finally  and  without  appeal,  which 
of  those  claims  is  most  in  accordance  with  the  true  inter- 
pretation of  the  Treaty  of  June  15,  1846. 

"Art.  XXXV.  The  award  of  His  Majesty  the  Emperor 
of  Germany  shall  be  considered  as  absolutely  final  and 
conclusive;  and  full  effect  shall  be  given  to  such  award 
without  any  objection,  evasion,  or  delay  whatsoever 
Such  decision  shall  be  given  in  writing-  and  dated;  it 
shall  be  in  whatsoever  form  His  Majesty  may  choose 
to  adopt;  it  shall  be  delivered  to  the  representatives 
or  other  public  agents  of  Great  Britain  and  of  the  United 
States  respectively,  who  may  be  actually  at  Berlin,  and 
shall  be  considered  as  operative  from  the  day  of  the  date 
of  the  delivery  thereof. 

"Art.  XXXVi.  The  written  or  printed  case  of  each 
of  the  two  parties,  accompanied  by  the  evidence  offered 
in  support  of  the  same,  shall  be  laid  before  His  Majesty 
the  Emperor  of  Germany  within  six  months  from  the  dale 
of  the  exchange  of  the  ratifications  of  this  Treaty,  and 
a  copy  of  such  case  and  evidence  shall  be  communicated 
by  each  party  to  the  other,  through  their  respective 
representatives  at  Berlin. 

"  The  high  contracting  parties  may  include  in  the 
evidence  to  be  considered  by  the  arbitrator,  such  docu- 
ments, official  correspondence,  and  other  official  or  public 
statements  bearing  on  the  subject  of  the  reference  as  they 


THE   TREATY   OF   WASHINGTON.  333 

may  consider  necessary  to  the  support  of  their  respective 
cases. 

"After  the  written  or  printed  case  shall  have  been 
communicated  by  each  party  to  the  other,  each  party 
shall  have  the  power  of  drawing  up  and  laying  before 
the  arbitrator  a  second  and  definitive  statement,  if  it 
think  fit  to  do  so,  in  reply  to  the  case  of  the  other  party 
so  communicated,  which  definitive  statement  shall  be  so 
laid  before  the  arbitrator,  and  also  be  mutually  communi- 
cated in  the  same  manner  as  aforesaid,  by  each  party  to 
the  other,  within  six  months  from  the  date  of  laying  the 
first  statement  of  the  case  before  the  arbitrator. 

"  Art.  XXXVII.  If,  in  the  case  submitted  to  the  arbi- 
trator, either  party  shall  specify  or  allude  to  any  report 
or  document  in  its  own  exclusive  possession  without 
annexing  a  copy,  such  party  shall  be  bound,  if  the  other 
party  thinks  proper  to  apply  for  it,  to  furnish  that  party 
with  a  copy  thereof,  and  either  party  may  call  upon  the 
other,  through  the  arbitrator,  to  produce  the  originals  or 
certified  copies  of  any  papers  adduced  as  evidence,  giving 
in  each  instance  such  reasonable  notice  as  the  arbitrator 
may  require.  And  if  the  arbitrator  should  desire  further 
elucidation  or  evidence  with  regard  to  any  point  contained 
in  the  statements  laid  before  him,  he  shall  be  at  liberty  to 
require  it  from  either  party,  and  he  shall  be  at  liberty  to 
hear  one  counsel  or  agent  for  each  party,  in  relation  to  any 
matter,  and  at  such  time,  and  in  such  manner,  as  he  may 
thiuk  fit. 

"Art.  XXXVIII.  The  representatives  or  other  public 
agents  of  Great  Britain  and  of  the  United  States  at 
Berlin  respectively,  shall  be  considered  as  the  agents 
of  their  respective  Governments  to   conduct  their   cases 


331  INTERNATIONAL  LAW. 

before  the  arbitrator,  who  shall  be  requested  to  address 
all  his  communications,  and  give  all  his  notices,  to  such 
representatives  or  other  public  agents,  who  shall  repre- 
sent their  respective  Governments  generally  in  all  matters 
connected  with  the  arbitration. 

"  Art.  XXXIX.  It  shall  be  competent  to  the  arbitrator 
to  proceed  in  the  said  arbitration,  and  all  matters  relating 
i  hereto,  as  and  when  he  shall  see  fit,  either  in  person,  or 
by  a  person  or  persons  named  by  him  for  that  purpose, 
either  in  the  presence  or  absence  of  either  or  both  agents, 
and  cither  orally  or  by  written  discussion,  or  otherwise. 

"  Art.  XL.  The  arbitrator  may,  if  he  think  fit,  appoint 
a  secretary  or  clerk,  for  the  purposes  of  the  proposed 
arbitration,  at  such  rate  of  remuneration  as  he  shall  think 
proper.  This,  and  all  other  expenses  of  and  connected 
with  the  said  arbitration,  shall  be  provided  for  as  herein- 
after stipulated. 

"Art.  XLI.  The  arbitrator  shall  be  requested  to 
deliver,  together  with  his  award,  an  account  of  all  the 
costs  and  expenses  which  he  may  have  been  put  to,  in 
relation  to  this  matter,  which  shall  forthwith  be  repaid 
by  the  two  Governments  in  equal  moieties. 

"Art.  XLII.  The  arbitrator  shall  be  requested  to  give 
his  award  in  writing  as  early  as  convenient  after  the 
whole  case  on  each  side  shall  have  been  laid  before  him, 
and  to  deliver  one  copy  thereof  to  each  of  the  said  agents. 

"  Art.  XLIII.  The  present  Treaty  shall  be  duly  ratified 
by  Her  Britannic  Majesty,  and  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof,  and  the  ratifications  shall 
be  exchanged  either  at  London  or  at  Washington  within 
six  months  from  the  date  thereof,  or  earlier  if  possible. 

"In  faith  whereof,  we,  the  respective  Plenipotentiaries, 


THE  TREATY  OF  WASHINGTON.       335 

have  signed  this  Treaty,  and  have  hereunder  affixed  our 
seals. 

"  Done  in  duplicate  at  Washington,  the  eighth  day  of 
May,  in  the  year  of  Our  Lord  one  thousand  eight  hundred 
and  seventy-one. 

(L.S.)  De  Grey  &  Ripon. 

(L.S.)  Stafford  H.  Northcote. 

(L.S.)  Edwd.  Thornton. 

(L.S.)  John  A.  Macdoxald. 

(L.S.)  Montague  Bernard. 

(L.S.)  Hamilton  Fish. 

(L.S.)  ROBT.    C.    SCHENCK. 

(L.S.)         Samuel  Nelson. 

(L.S.)        Ebenezer  Rockwood  Hoar. 

(L.S.)         Geo.  H.  Williams.' 


>» 


Note  to  page  63,  end  of  paragraph  on  Suez  Canal. 

In  March,  18S5,  an  International  Conference  was  held  at  Paris 
with  representatives  from  Austria-Hungary,  Fiance,  Germany,  Great 
Britain,  Italy,  Russia,  and  Turkey,  to  make  regulations  for  the  free 
use  of  the  Suez  Canal,  but  no  agreement  was  obtained.  In  October, 
1887,  a  Treaty  on  the  question  was  concluded  between  Great  Britain 
and  France,  but  the  same  has  not  yet  been  ratified,  and  will  require 
the  assent  of  the  other  powers. 


INDEX. 


Acts  and  contracts,  by  what  law 
governed,  255 

,  validity  of,  255 

Acts  of  the  civil  State,  communica- 
tion of,  239 

Afghanistan,  consular  jurisdiction 
in,  155 

,  frontiers  of,  SS 

Alabama  arbitration,  35,  310 

Algiers  a  French  colony,  43 

Alien  enemy,  protection  of,  139, 
282 

Aliens,  judicial  assistance  of,  237 

,  rights  of,  99,  136 

Alsace,  cession  of,  17 

Amazon  river,  navigation  of,  92 

Ambassador.  See  Diplomatic 
agents. 

,  character  of,  118 

,  domicile  of,  254 

,  functions  of,  124 

,  immunities  of,  121 

,  rank  of,  122,  306 

,  relation  of,  to  the  sovereign, 

123 

,  reception  of,  120,  149 

,  rights  of,  149 


Ambassador,  right  of  access  to  the 

sovereign,  123 
Ambassadors,   treaties   concerning, 

149 
America,  discovery  of,  15 
American  Republic  and  France,  21 
Amphyctyonic  League,  10 
Arbitration,     international,    award 

of,  271 

,  instances  of,  266 

,  in  the  Congo  treaties,  271 

,  in  the  Postal  Union,  271 

in  Treaty  of  Commerce  with 

Italy,  272 

,  must  be  in  writing.  269 

practice  in  the  Middle  Ages, 

276 

,  procedure  of,  270 

,  proposed  council  and  court  of, 

273 
Argentine  Confederation,  area  and 

population  of,  70 
Austria-Hungary,  area  and  popula- 
tion of,  38 
Azuui,  "  Diritto  Marittimo,"  7 

B 

Balance  of  [lower,  object  of,  IS 
Belgium,  area  and  population  of,  39 


338 


INDEX. 


Belgium,  constitution  of,  25 
Belligerent  cruisers,  right  of,  2S4 
Belligerents,  rights  of,  28 1 

,  right  of  blockade,  28(3 

,  and  neutrals,  21 

Bentham  on  war,  6 
Berlin,  Treaty  of,  36 
I  Hack  Sea,  treaties  on,  56 
Blockade,  breach  of,  285 

,  requisite  of,  32 

,  right  of,  286 

,  what,  286 

Bluntschli,  "Droit  International,"  8 
Bolivia,  area  and  population  of,  71 
Bosphorus,  treaties  on  the,  57 
Brazil,  area  and  population  of,  71 
British  colonies,  government  of,  45 
Bulgaria,  area  and  population  of,  71 

,  constitution  of,  45 

Burial,  right  of,  138 
Burlamaqui,  "  Droit  Nature!,"  7 

C 

Calvo,  "  Le  Droit  International,"  8 

Candia  and  Crete  under  the  Vene- 
tians, 26 

Cape  of  Good  Hope  route  to  India, 
15 

Capitulations,  object  of,  27 

Captors,  duties  of,  2S4 

Central  America,  area  and  popula- 
tion of,  71 

Ceremonials  at  sea,  111 

Charges  d'affairs.  See  Ambassadors. 

Chile,  area  and  population  of,  72 

China,  area  and  population  of,  58 

,  relations  with.  32 

,  treaties  with,  58 

Chivalry,  influence  of,  12 

Christianity  and  the  custom  of 
war,  11 


Christians'  objections  to  war,  3,  11 
Civil  and  criminal  procedure,  233 
Civil  lights,  how  obtained,  95 
Colombia,  area  and  population  of,  72 
Commerce  and  navigation,  treaties 

of,  159 
Congo  Basin,  Act  concerning,  66 
election  of  the  king  of  the 

Belgians,  41 
Biver,  free  navigation  of,  92 


Congress  of  Vienna,  work  of,  42 
Conspiracy  against  other  States,  107 
Constantinople,  conquest  of,  26 
Consul,  rights  and  duties  of,  125- 

137 

,  domicile  of,  254 

,  duties  of,  126 

,  rights  of,  as  to  marriage,  127 

Consular  jurisdiction  in  ( 'hiua  and 

Japan,  137 
"Consulate)  del  mar,"  13 
Contracts,  effect  of  war  on,  2S3 

,  formalities  of,  256 

,  interpretation  of,  256 

,  remedies  on,  256 

Contraband  of  war,  what,  292 
Conventional  law,  character  of,  1 
Copyright  law,  138 

.     See  International  copyright. 

Copyright  laws,  218 

,  international,  220 

,  object  of,  218 

,  who  may  obtain,  219 

Cracow,     incorporation      of     with 

Austria,  24 
Crimes    for    which    extradition    is 

granted,  242 
Criminal  jurisdiction,  by  what  law 

governed,  235 
Crusades,  influence  of,  12 
Cyprus  under  the  Lusignans,  26 


INDEX. 


339 


Cyprus,  administration  of,  by  Eng- 
land, 37 

D 

Danube,  free  navigation  of  the,  92 
Dardanelles,     treaties     concerning 

the,  57 
Declaration  of  war,  280 
Denmark,  area  and  population  of, 

41 

,  treaties  concerning,  42 

Despatches,   carrying    of,    in   war, 

293 
Diplomatic  agents,  classes  of,  118. 

See  Ambassadors. 

,  duties  of,  120 

,  instructions  of,  120 

,  regulation  as  to  rank  of,  306 

Domicile,  how  acquired,  253 

of  ambassadors,  254 

of  a  consul,  254 

of  choice,  254 

of  origin,  254 

E 

East  India  Company,  monopoly  of, 

32 
Egypt,  area  and  population  of,  60 

,  relations  of,  with  Turkey,  60 

Enemy,  contracts  with  the,  283 

,  person  and  property  of,  2S2 

,  territory  of,  2S2 

,  trading  wiih  the,  283 

Envoys.     See  Ambassadors. 
Equator,  area  and  population  of,  72 
Etiquette,  question  of,  121 
Exequatur,  what,  126 
Extradition,  treaty  clauses  on,  242 
Extra-territoriality  of  a  ship  of  war, 

114 


Extra-territoriality  of  the  house  of 
an  ambassador,  1 23 

F 

Fecialium  collegium,  duties  of,  110 

Federal  union,  what,  82 

Field,  S.  Dudley,  "International 
Code,"  8 

Fiorc,  "  Le  Nouveau  Droit  Interna- 
tional Public,"  8 

Firmans  concerning  Egypt,  60 

Fishing,  right  of,  112 

Fisheries,  conventions  on,  172,  173; 
of  Great  Britain  aud  France,  173 ; 
of  Newfoundland,  177;  of  United 
States  of  America,  179 ;  of  North 
Sea,  183 

Foreign  Belligerent  Act,  297 

Foreigners.     See  Aliens. 

France,  area  and  population  of,  42 

,  condition  of,  in  1789,  21 

,  government  of,  42 

,  revolution  in,  26 

,  treaties  of,  36 

Frontiers  of  a  State,  88 


Gardner,  "Institutes  of  Interna- 
tional Law,"  8 

Geneva  Convention,  288 

arbitration,  8 

Genoa,  cession  of,  to  Sardinia,  23 

Gentili,  "De  Jure  Belli,"  7 

German  Confederation,  formation  of, 
23,  14 

Germany,  area  and  population  of,  43 

,  constitution  of,  43 

Gessner,  "  Le  Droit  des  Neutres,"  8 

Golden  Bull,  15 

Good  offices,  effects  of,  266 


340 


INDEX. 


Good  offices,  wish  of  the  Paris  Con- 
gress on,  207 

Grreai  Britain  and  Ireland,  an  a  and 
population  of,  47 

,  union  of,  45 

( }reece,  area  and  population  of,  47 

,  kingdom  of,  26 

,  revolution  in,  25 

Greeks,  international  law  among 
the,  9 

Grotius,  "De  Jure  Bellis  et  Pacis," 
3,7 

Guarantee  of  Belgium,  40 

of  Portugal,  51 

of  Switzerland,  55 

of  Turkey,  57 

,  treaties  of,  131 

"  Guidon  de  la  Mer,"  15 

H 
Hall,  W.  E.," International  Paw,"  8 
,  "  Hights  and  Duties  of  Neu- 
trals," 8 
Halleck,  "  International  Law,"  8 
Banse  towns,  Ordinances  of,  15 
Hautefeuille,  "Droits  des  Ncutres," 

8 
Hawaii,  area  and  population  of,  76 
Ilayti,  area  and  population  of,  76 
Ilefftcr,    "  Das    EuropaUche    Vol- 

krrrecht,"  8 
Holland,  ana  and  population  of,  IS 

and  Belgium,  union  of,  23 

treaties  concerning,  48 

Holy  Alliance,  nature  of,  24 

places,  dispute  concerning,  29 

Eoman  Empire,  15 

Hiibner,  "Droit  Naturel,"  7 


Incorporated  union,  what,  82 


Industrial  property,  treaty  on,  204 

,  treaty  clauses  concerning,  207 

International  arbitration.  See  Ar- 
bitration. 

,  council  of,  273 

International  copyright,  220 ;  treaty 
clauses  on,  220 

International  law,  nature  and 
authority  of,  1 ;   fruits  of,  5 

relations,  progress  of,  9 

telegraphs,  197 

Italian  Kepublics,  trade  of,  13 

traders,  13 

Italy,  area  and  population  of,  49 

,  relations  of,  with  the  Pope,  49 


Japan,  area  and  population  of,  59 

,  consular  jurisdiction  in,  154 

,  treaties  with,  59 

Joint  Stock  Companies, Treatiescon- 
cerning,  234 

Judgment,  foreign,  when  impeach- 
able, 236 

Judicial  assistance  to  aliens,  237 

Jus  gentium,  character  of,  11 

K 

Kirehner,  on  Extradition  Treaties,  8 
Kltiber,  "  Droit  des  Gens,"  8 


Laibach,  Congress  of,  25 

Lampredi,  "Juris  Naturae  et  Gen- 
tium," 7 

Language  of  Treaty  of  Utrecht,  18 

in  treaties,  130 

Law  of  Nature,  1 

Legate,  functions  of,  119 

Leibnitz,  "  Codex  Juris  Gentium 
Diplomaticus,"  7 


INDEX. 


341 


Letters  of  credentials,  120 
Lex  Loci  Contractus, operation  of,247 
Liberia,  area  ami  population  of,  63 
Liberty  of  conscience,  right  of,  138 
Licence  to  trade  during  war,  283 
Literature  and   art,  treaty  clauses 

concerning,  220.     See  Copyright, 

international. 
Lorimer,  "Institutes  of  the  Law  of 

Nations,"  8 
Luxemburg,  neutralization  of,  40 

M 

Madagascar,  ana  and  population  of, 
63 

Mail  steamers,  115 

immunities  of,  200 

Main  river,  navigation  of,  92 

Malta,  cession  of,  to  England,  23 

Maritime  law,  declaration  respect- 
ing, 32,  293 

Marriage  before  a  consul,  127 

,  validity  of,  255 

Martens,  "Prima?  Linese  Juris  Gen- 
tium," 7 

,  "  Treaties,"  8 

Mazarin,  Cardinal,  policy  of,  17 

Mediation,  effects  of,  266 

,  the  Paris  Congress  of  1856  on, 

267 

Merchant  ship  subject  to  municipal 
Law,  114 

Mexico,  area  and  population  of,  73 

Military  service,  right  of  exemption 
from,  13S 

Minors,  domicile  of,  252 

Mississippi  Paver,  free  navigation 
of,  92 

Mouse  River,  free  navigation  of,  92 

Monetary  Union,  202 

Money-orders,  Treaties  on,  199 


Morocco,  area  and  population  of,  64 

,  consular  jurisdiction  in,  155 

,  treaties  concerning,  64 

Moselle  River,  free  navigation   of, 

92 
Moser, "  Versuch  des  Neusten  Euro- 

paischen  Yulkcrrechts,"  7 
Most  favoured  clause,  meaning  of, 

l.V.I 
Municipal  law.   relation  of,  to  in- 
ternational law,  95 

N 

Naples,  revolution  in,  25 
National  character  of  persons  living 

in  the  territory  of  the  enemy,  282 
Nationality  of  ships,  162 
Natural  law,  character  of,  1 
Naturalization,  effects  of,  96 

,  how  lost,  96 

Navigation,  clauses  of,  treaties  of, 

163 
Neckar  river,   free   navigation   of, 

92 
Netherlands.   See  Holland. 
Neutral,  duties  of,  290 

flag  covers  enemy's  goods,  32 

goods  not  liable  to  capture,  32 

goods  under  the  enemy's  flag, 

293 

rights,  conventions  upon,  21 

territory,  immunities  of,  299 

,  trade  o'f,  291 

Neutrality  (armed,  of  1778),  21 

,  what,  290 

Neutral  state,  duties  of,  295,  297 
Neutralized  States,  duties  of,  110 

rights  of,  110 

sovereignty  of,  110 

Niger  River,  free  navigation  of,  68, 

92 


342 


INDEX. 


O 

Opium,  smuggling  of,  32 
Orders  in  Council,  issue  of,  22 


Pacte  de  famille,  19 

Paraguay,  area  and  population  of, 
73 

River,  free  navigation  of,  92 

Paris,  Congress  of,  30 

Treaty  of,  20 

Patent  Laws,  204 

Peace  of  Westphalia,  1048,  16 

Penal  sentences  reciprocal,  com- 
munication of,  241 

Persia,  area  and  population  of,  59 

Persona  grata,  what  is,  119 

Peru,  area  and  population  of,  74 

Philliniore's  "Commentaries  ou  In- 
ternational Law,"  8 

Pierantoni,  "Progresso  del  Diritto 
Publico  delle  Genti,"  8 

Piggott,  "Law  on  Foreign  Judg- 
ments," 8 

Pirate  ships,  116 

Puffendorf,  "De  Jure  Naturae  el 
Gentium,"  7 

Po,  free  navigation  of,  92 

Poland  incorporated  with  Russia,  24 

,  kingdom  of,  constituted,  24 

,  partition  of,  20,  23 

,  state  of,  23 

Political  science  and  international 
law,  2 

,  character  of,  2 

Tope,  relations  of,  with  Italy,  49 

,  with  England,  119 

Portugal,  area  and  papulation  of, 
51  ' 

,  guarantee  of,  51 


Postal  communication,  192 
Postal  Union,  formation  of,  192 
Prague,  Peace  of,  15 
Private  international  law,   conflict 

of,  245 

nature  of,  253 

Privateering,  abolition  of,  32 

declaration  regarding,  285 

Prizes,  what,  285 

Prize  Courts,  object  of,  285 

Property,   movable,  by  what    law 

governed,  259 ;   immovable,  259 ; 

in   the  funds,  259 ;  in  shipping, 

259  ;  incorporeal,  259 

,  by  what  law  regulated,  106 

Protected  State,  what,  83 

Prussia,  rise  of,  20 

Public  Law  of  Europe,  foundation 

of,  5 

R 

Rachel  "  De  Jure  Natuice  et  Gen- 
tium," 7 
Ratification  of  a  treaty,  134 
Rayneval,  "Institutions  du  Droit  de 

la  Nature  et  des  Gens,  7 
Recognition  of  a  State,  effects  of,  86 

,  express  or  implied.  86 

,  right  of  State  to  grant  or  re- 
fuse, 86 
Reddie,  "  Inquiries  in  International 

Law,"  8 
Reformation,  wars  of  the,  15 
Rbine,  free  navigation  of,  91 
Richelieu,  policy  of,  17 
Rivers,  regulations  on  the  free  navi- 
gation of,  304 

,  right  of  States  to  the  use  of,  91 

,  securing  the  free,  92 

Roman  law,  influence  of,  12 
Rome,  international  law  in,  10 


INDEX. 


313 


Roumania,  area  anil  population  of, 
51 

,  treaties  concerning,  51 

Russia,  area  and  population  of,  52 

,  relations  of,  with  Tin  key,  27, 

28 


,  rise  of,  20 

Rutin  rforth,  '•  Institutes  of  Natural 
Law,"  7 


S 

St.  Lawrence,  free  navigation  of,  92 
St.  Petersburg  Declaration,  289 
Salutes  at  sea,  1 1 1 
Scheldt,  free  navigation  of,  92 
Schleswig  Holstein,  annexation  of, 

with  Germany,  35 
Sea,  freedom  of  the,  112 

,  search  right  of,  284 

Seamen,  assistance  of,  164 
Seas,  enclosed,  how  treated,  93 
Semi-protected  State,  83 
Servia,  area  and  population  of,  53 

,  treaties  concerning,  53 

Ship  of  war.     See  War  vessel. 
Ships,  classes  of,  recognized,  113 

,  nationality  of,  115 

Ships'  papers,  what,  1 15 

Siam,  area  and  population  of,  60 

Sicily,  revolution  in,  25 

Siege,  effects  of  a,  287 

Slave-trade,     Declaration     of     the 

Powers  on,  301 

,  treaties  on,  186 

is  piracy,  116 

,  suppression  of,  185 

treaties,  187 

Slavery,  abolition  of,  185 

South  African  Republic,  area  and 

population  of,  65 


Smith    African    Republic,  consular 
jurisdiction  in,  155 

Sovereignty  of  the  State,  how  ac- 
quired, 81 

,  how  modified  or  limited,  82 

,  how  lost,  84 

,  internal  as   distinct  from  ex- 
ternal, 85 
-,  in  whom  it  vests,  94 


Spain,  area  and  population  of,  53 
State,  a  moral  person,  79 

bound    to    uphold    law    and 

order,  108 
-,  constitution  and  sovereignty 


of,  79 

— ,  definition  of,  79 

— ,  duties  of,  107 

— ,  government  of,  95 

—  must  not  allow  plots   or  con- 
spiracies, 107 

— ,  right  to  acquire  ami  increase, 


103 ;  to  sell,  104  ;  of  trading.  Kit; 
to  maintain  armed  forces,  104 
-,  rights  and  duties  of,  103 


States,  equality  of,  111 

,  frontiers  of,  88 

,  right  of,  under  treaties,  136 

,  right  of,  to  preserve  neutiality, 

291 


— ,  right  of,  to  send  and  receive 
ambassadors,  117,  149 
-,  right  of,  to  grant  recognition, 


86 


-,  right  of,  to  change  its  institu- 


tions, 87 
-,  territory  of,  88 


Status  and  capacity  of  the  person, 

254 
Suarez,  "De  Legibus,"  7 
Subjects  of  the  State,  who  nre,  95 
Submarine  telegraph  cables,  195 


344 


INDKX. 


Succession,  war  of,  17 
Successions,  how  regulated,  2."6 
of  movable  property,  by  what 

law  governed,  '256 
,  treaties  ou  the  administration 

of,  257 
Suez  Canal,  origin  of,  61 
Sweden    aud    Norway,    area    and 

population  of,  54 

,  treaties  concerning,  54 

,  union  of,  23 

Swiss  Confederation, constitution  of, 

23,  55 
Switzerland,   area   and   population 

of,  55 

,  guarantee  of,  55 

Suzerainty,  effect  of,  83 


T 

Telegraph,  international,  106 
Territorial  sovereignty,  extent  of, 

90,  112 

waters,  what  is  included  in,  93 

Territory,  how  lost,  93 

of  the  enemy,  what,  282 

of  the  State,  8S ;  how  it  may 

be   acquired,   89;    what   may  be 

acquired,  89;  occupation  of,  90; 

right  over,  what  it  includes,  90 
Testamentary  instruments,  by  what 

law,  257 
Thirty  Years'  War,  15 
Thomasius,    "  Institutiones    Juris- 

prudentiae  DivinsB,"  7 
Trade,  right  to,  159 

marks,  law  on,  206,  210 

Trading  with  the  enemy  illegal,  2S0 
Treaties,  beginning  and  end  of,  128 
■ ,  character  of,  128 


Treaties  concerning  the  appoint- 
ment of  diplomatic  agents  and 
consuls,  156 

of  commerce  and  navigation, 

165 

of  commerce   between  Great 

Britain  and  foreign  powers,  166 
of  peace  and  friendship,  141 ; 


clauses  of,  136 

Treaty  concerning  Belgium,  40 

concerning  Denmark,  42 

,  construction  of  a,  133 

,  copyright,  220 

,  exhibition  of  powers  to  con- 
tract a,  129 

,  extradition,  212 

,  fisheries,  184 

for   the    affairs  of    Belgium, 


1830,  26 
—  for  the  affairs  of  Greece,  1S26, 


25 


-,  industrial  property,  207 

-,  joint  and  mutual,  131 

-,  language  of,  130 

-,  obligatory  character  of  a,  36, 


131 


■  of  Adiianople,  53 
of  Amiens,  181)2.  22 

■  of  Bucharest,  53 

•  of  Campo-Formio  of  1797,  22 
.  of  Carlowitz,  1699,27 

.  of  Che-foo,  5S 

•  of  1856,  30 

■  of  guarantee,  132 

-  of    Koutschiowii    Kaynardii, 


1774,28 

—  ofLuneville,  1S01,  22 

—  of  Nagasaki,  1855,  33 

—  of  Nanking  of  1842,  33,  58 

—  of  Paris  of  1763,  20 

—  of  Prague,  1866,35 


INDEX. 


345 


Treaty  of  Presburg,  1S05,  22 

of  Russia  with  Turkey,  53 

of  Tetschen  of  1779,  19 

of  Tien-ring  of  1858,  58,  33 

of  Tilsit,  1807,  22 

of  Utrecht  of  1713,  18 

of  Verdun,  17 

of  Vienna,  1809,  22 

of  Vienna,  1815,  23 

of  Washington,  1871,  310 

of  Westphalia  of  1618,  10 

of  Yeddo,  1858,  33 

,  postal  communication,  195 

,  public  and  personal,  129 

,  ratification  of,  130,  131 

,  requisites  of,  130 

,  slave-trade,  1S9 

-,  who  can  enter  into  a,  129 


Tributary  State,  constitution  of,  S3 

,  what,  128 

Tunis,  area  and  population  of,  66 

,  treaties  with  France,  66 

Turkey,  area  and  population  of,  56 

,  and  the  law  of  nations,  28 

,  guarantee  of,  31 

,  relations  of,  with  Egypt,  60 

,  treaties  concerning,  56 

Turks,  arrival  of,  into  Europe,  26 

,  conquests  of,  27 

,  treaties   of,  with  Russia,  2S, 

53 ;  Prussia,  28  ;  Austria,  28 


U 


United  States,  area  and  population 

of,  75 
,  convention  on  naturalization 

with,  97 

,  independence  of,  75 

,  insurrection  in,  34 

of  America,  formation  of,  20 

16 


United    States,   rise    of    the  Con- 
federate States,  34 
Uruguay,  area  and  population  of,  74 
Utrecht,  treaty  of,  18 


Van     Bynkershoek,    "  Qusestiones 

Juris  Public!,"  7 
Vasquez,"  Controversial  Illustres,"  7 
Vattel,  "  Droit  des  Gens,"  7 
Venezuela,  area  and  population  of, 

75 
Vistula,  free  navigation  of,  92 
Vienna  Congress  of  1815,  22 

W 

War,  civil,  279 

colonial,  19 

,  declaration  of,  280 

,  de  facto,  281 

,  effect  of  an  alien  enemy,  139 

,  effects  of,  282-284 

,  knowledge  of  the  existence 

of,  281 

,  proofs  of,  114 

,  rights  of,  113 

,  right  to  make,  278 

vessel,  distinctives  of,  113 


Ward,  "History  of  the  Law  of 
Nations,"  7 

Washington,  treaty  of,  29,  310 

,  duties  of  neutrals  under,  298 

West  Africa,  area  and  population 
of,  66 

Westlake,  "Private  International 
Law,"  8 

Westphalia,  treaties  of,  16 

Wheaton,  "Elements  of  Inter- 
national Law,"  8 

Wife,  domicile  of,  254 


340 


INDEX. 


Wildman, "  History  of  International 

Law,"  8 
Wolff,  "  Jus  Gentium,"  7 

Z 

Zanzibar,  area  and  population  of,  70 
,  treaty  with,  70 


Zoucl),     Dr.,     "Juris     ct     Judicii 
Fecialis,"  7 


Yeddo,  treaty  of,  33 


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"This  volume  is  written  with  much  clearness  of  thought  and  unusual  clear- 
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defense  of  the  Bible  against  the  assaults  of  modern  science.  In  the  later  aspect 
the  author's  method  is  an  eminently  wi^e  one.  He  accepts  whatever  science  has 
proved,  and  he  also  accepts  the  divine  origin  of  the  Bible.  Where  the  two  seem 
to  conflict,  he  prefers  to  await  the  reconciliation,  which  is  inevitable  if  both  are 
true,  rather  than  to  waste  time  and  words  in  inventing  ingenious  and  doubtful 
theories  to  force  them  into  seeming  accord.  Both  as  a  theologian  and  a  man  of 
science,  Professor  Le  Conte's  opinions  are  entitled  to  respectful  attention,  and 
there  are  few  who  will  not  recognize  his  book  as  a  thoughtful  and  valuable  con 
tribution  to  the  best  religious  literature  of  the  day."— New  York  World. 


New  York:   D.  APPLETON   &   CO.,   1,  3,  &  5  Bond  Street 


D.  APPLETON   &    OO.'S   PUBLICATIONS. 

DR.  HENRY    MAUDSLEY'S   WORKS. 
BODY     AND     WILL :     Being   an   Essay   concerning  Will  in  its 
Metaphysical,    Physiological,    and    Pathological    Aspects.        12mo. 
Cloth,  $2.50. 

BODY  AND  MIND  :  An  Inquiry  into  their  Connection  and  Mutual 
Influence,  specially  in  reference  to  Mental  Disorders.  1  vol.,  12mo. 
Cloth,  $1.50. 

PHYSIOLOGY  AND  PATHOLOGY  OF  MIND  : 
PHYSIOLOGY  OF  THE  MIND.  New  edition.  1  vol.,  12mo. 
Cloth,  $2.00.  Contents  :  Chapter  I.  On  the  Method  of  the  Study 
of  the  Mind. — II.  The  Mind  and  the  Nervous  System. — III.  The 
Spinal  Cord,  or  Tertiary  Nervous  Centres ;  or,  Nervous  Centres 
of  Reflex  Action. — IV.  Secondary  Nervous  Centres ;  or,  Sensory 
Ganglia;  Sensorium  Commune. — V.  Hemispherical  Ganglia;  Cortical 
Cells  of  the  Cerebral  Hemispheres ;  Ideational  Nervous  Centres ; 
Primary  Nervous  Centres ;  Intellectoiium  Commune. — VI.  The 
Emotions. — VII.  Volition. — VIII.  Motor  Nervous  Centres,  or  Mo- 
torium  Cummuuc  and  Actuation  or  Effcction. — IX.  Memory  and 
Imagination. 

PATHOLOGY  OF  THE  MIND.  Being  the  Third  Edition  of 
the  Second  Part  of  the  "  Physiology  and  Pathology  of  Mind," 
recast,  enlarged,  and  rewritten.  1  vol.,  12mo.  Cloth,  $2.00.  Con- 
tents :  Chapter  I.  Sleep  and  Dreaming. — II.  Hypnotism,  Somnam- 
bulism, and  Allied  States. — III.  The  Causation  and  Prevention  of 
Insanity  :  (A)  Etiological. — IV.  The  same  continued. — V.  The 
Causation  and  Prevention  of  Insanity:  (B)  Pathological. —  VI.  The 
Insanity  of  Early  Life. — VII.  The  Symptomatology  of  Insanity. — 
VIII.  The  same  continued. — IX.  Clinical  Groups  of  Mental  Disease. 
— X.  The  Morbid  Anatomy  of  Mental  Derangement. — XI.  The 
Treatment  of  Mental  Disorders. 

RESPONSIBILITY  IN  MENTAL  DISEASE.  (International 
Scientific  Series.)     1  vol.,  12mo.     Cloth,  $1.50. 

"  The  author  is  at  home  in  his  subject,  and  presents  his  views  in  an  almost 
singularly  clear  and  satisfactory  manner.  .  .  .  The  volume  is  a  valuable  contri- 
bution to  one  of  the  most  difficult  and  at.  the  same  time  one  of  the  most  impor- 
tant subjects  of  investigation  at  the  present  day." — New  York  Observer. 

"  Handles  the  important  topic  with  masterly  power,  and  its  suggestions  are 
practical  and  of  great  value."— Providence  Press. 


New  York :   D.  APPLETON  &  CO.,  1,  3,  &  5  Bond  Street. 


D.  APPLETON  &  CO.'S  PUBLICATIONS. 

THE  HUMAN  SPECIES.     By  A.  De  Quatrefages,  Professor  of 

Anthropology   in  the  Museum  of  Natural    History,  Paris.      12mo. 
Cloth,  $2.00. 

The  work  treats  of  the  unity,  origin,  antiquity,  and  original  localization  ot  the 
human  species,  peopling  of  the  globe,  acclimatization,  primitive  man,  formation  of  the 
human  races,  fossil  human  races,  present  human  races,  and  the  physical  and  psycho- 
logical characters  of  mankind. 

STUDENT'S  TEXT-BOOK  OF  COLOR;  or,  MODERN 
CHROMATICS.  With  Applications  to  Art  and  Industry.  With 
130  Original  Illustrations,  and  Frontispiece  in  Colors.  By  Ogden 
N.  Rood,  Professor  of  Physics  in  Columbia  College.     12rao.     Cloth 

$'2.00. 

"  In  this  interesting  book  Professor  Kood,  who  as  a  distinguished  Professor  of 
Physics  in  (  olumbia  College,  United  States,  must  be  accepted  as  a  competent  authority 
on  the  branch  of  science- of  which  he  treats,  deals  briefly  and  succinctly  with  what 
may  be  termed  the  scientific  rationale  of  his  subject.  I5ut  the  chief  value  of  his  work 
is  tii  be  attributed  to  the  fact  that  he  is  himself  an  accomplished  artist  as  well  as  an  au- 
thoritative expounder  of  science." — Edinburgh  Review,  October,  1879,  in  an  article 
on  "  The  Philosophy  of  Color." 

EDUCATION  AS  A  SCIENCE.  By  Alexander  Bain,  LL.  D. 
12mo.     Cloth,  $1.75. 

"This  work  must  be  pronounced  the  most  remarkable  discussion  of  educational 
problems  which  has  been  published  in  our  day.  We  do  not  hesitate  to  bespeak  for  it 
the  widest  circulation  and  the  most  earnest  attention.  It  should  be  in  the  hands  of 
every  school-teacher  and  friend  of  education  throughout  the  land." — -New  York  Su7i. 

A  HISTORY  OF  THE  GROWTH  OF  THE  STEAM- 
ENGINE.  By  Robert  H.  Thurston,  A.  M.,  C.  E.,  Professor  of 
Mechanical  Engineering  in  the  Stevens  Institute  of  Technology, 
Hoboken,  N.  J.,  etc.  With  163  Illustrations,  including  15  Portraits. 
12mo.     Cloth,  $2.50. 

"  Professor  Thurston  almost  exhausts  his  subject ;  details  of  mechanism  are  followed 
by  interesting  biographies  of  the  more  important  inventors.  If,  as  is  contended,  the 
steam-engine  is  the  most  important  physical  agent  in  civilizing  the  world,  its  history 
is  a  desideratum,  aud  the  readers  of  the  present  work  will  agree  that  it  could  have  a 
no  more  amusing  and  intelligent  historian  than  our  author." — Boston  Gazette. 

STUDIES  IN  SPECTRUM  ANALYSIS.  By  J.  Norman  Lock- 
ter,  F.  R.  S.,  Correspondent  of  the  Institute  of  France,  etc.  With 
60  Illustrations.     12mo.     Cloth,  $2.50. 

"The  study  of  spectrum  analysis  is  one  fraught  with  a  peculiar  fascination,  and 
some  of  the  author's  experiments  are  exceedingly  picturesque  in  their  results.  They 
are  so  lucidly  described,  too,  that  the  reader  keeps  on,  from  page  to  page,  never 
flagging  in  interest  in  the  matter  before  him,  nor  putting  down  the  book  until  the  last 
page  is  reached."— yew  York  Evening  Express. 


New  York :   D.  APPLETON  &  CO.,  1,  3,  &  5  Bond  Street. 


D.  APPLETON  &  CO.'S  PUBLICATIONS, 


GENERAL  PHYSIOLOGY  OF  MUSCLES  AND  NERVES. 

By  Dr.  I.  Rosenthal,  Professor  of  Physiology  at  the  University  of 

Erlangen.     With  seventy-five  Woodcuts.     ("  International  Scientific 

Series.")     12  mo.     Cloth,  $1.50. 

"  The  attempt  at  a  connected  account  of  the  general  physiology  of  muscles  and 

nerves  is,  as  far  as  I  know,  the  first  of  its  kind.    The  general  data  for  this  branch 

of  science  have  been  gained  only  within  the  past  thirty  years." — Extract  Juan 

Preface. 

SIGHT  :  An  Exposition  of  the  Principles  of  Monocular  and  Binocular 
Vision.  By  Joseph  Le  Conte,  LL.  D.,  author  of  "Elements  of  Ge- 
ology " ;  "  Religion  and  Science  " ;  and  Professor  of  Geology  and 
Natural  History  in  the  University  of  California.  With  numerous 
Illustrations.    12mo.    Cloth,  $1.50. 

"  It,  is  pleasant  to  find  an  American  book  which  can  rank  with  the  very  best 
of  foreign  works  on  this  subject.  Professor  Le  Oonte  lias  long  been  known  as 
an  original  investigator  in  this  department ;  all  that  he  gives  us  is  treated  with 
a  master-hand."—  The  Nation. 

ANIMAL  LIFE,  as  affected  by  the  Natural  Conditions  of  Existence. 
Bv  Karl  Semper,  Professor  of  the  University  of  Wiirzburg.  With 
2 'Maps  and  106  Woodcuts,  and  Index.     12mo.    Cloth,  $2.00. 

"This  is  in  many  respects  one  of  the  most  interesting  contributions  to 
zoological  literature  which  has  appeared  for  some  time."— Nature. 

THE  ATOMIC  THEORY.     By  An.  Wurtz,  Membre  de  l'Institut; 

Doyen  llonoraire  de  la  Faculte  de  Mcdecine ;  Professeur  a  la  Faculte 
dcs  Sciences  de  Paris.  Translated  by  E.  Cleminshaw,  M.  A.,  F.  C. 
S.,  F.  I.  C,  Assistant  Master  at  Sherborne  School.  12mo.  Cloth, 
$1.50. 

"There  was  need  for  a  book  like  this,  which  discusses  the  atomic  theory  both 
in  its  historic  evolution  and  in  its  present  form.  And  perhaps  no  man  of  this 
age  could  have  been  selected  so  able  to  perform  the  task  in  a  masterly  way  as 
the  illustrious  French  chemist,  Adolph  Wurtz.  It  is  impossible  to  convey  to  the 
reader,  in  a  notice  like  this,  any  adequate  idea  of  the  scope,  lucid  instruetiveness, 
and  scientific  interest  of  Professor  Wurtz's  book.  The  modern  problems  of 
chemistry,  which  are  commonly  so  obscure  from  imperfect  exposition,  are  here 
made  wonderfully  clear  and  attractive." — The  Popular  Science  Monthly. 

THE  CRAYFISH.  An  Introduction  to  the  Study  of  Zoology.  By 
Professor  T.  H.  Huxley,  F.  R.  S.  With  82  Illustrations.  12mo. 
Cloth,  |1.75. 

"  Whoever  will  follow  these  pages,  crayfish  in  hand,  and  will  try  to  verify  for 
himself  the  statements  which  they  contain,  will  find  himself  brought  face  to  face 
with  all  the  great  zoological  questions  which  excite  so  lively  an  interest  at  the 
present  day." 

"The  reader  of  this  valuable  monograph  will  lay  it  down  with  a  feelinc:  of 
wonder  at  the  amount  and  variety  of  matter  which  has  been  got  out  of  so  seem- 
ingly slight  aud  unpretending  a  subject."— Saturday  Review. 


New  York:    D.  APPLETON   &   CO.,  1,  3,  &  5  Bond  Street. 


D.  APPLETON  &  CO. '8  PUBLICATIONS. 

SUICIDE :  An  Essay  in  Comparative  Moral  Statistics.  By  Henry 
MoRSELLI,  Professor  of  Psychological  .Medicine  iu  the  Royal  Univer- 
sity, Turin.     12mo.     Cloth,  $1.75. 

"  Suicide  "  is  a  scientific  inquiry,  on  the  basis  of  the  statistical  method,  into  the  laws 
of  suicidal  phenomena.  Dealing  with  the  Bnbject  as  a  branch  of  social  science,  it  con- 
siders the  increase  of  suicide  in  different  countries,  and  the  comparison  ot  nations, 
races,  and  periods  iu  its  manifestation.  The  influences  >f  age,  sex,  constitution,  cli- 
mate, season,  occupation,  religion,  prevailing  ideas,  the  elements  of  character,  and  the 
tendencies  of  civilization,  are  comprehensively  analyzed  in  their  bearing-  upon  the  pro- 
pensity to  self-destruction.  Professor  Morselli  is  an  eminent  European  authority  on. 
this  subject.  It  is  accompanied  by  colored  maps  illustrating  pictorially  the  results  of 
statistical  inquiries. 

VOLCANOES:   What  they  Are  and  what  they  Teach.    By 

J.  W.  Judd,  Professor  of  Geology  in  the  Royal  School  of  Mines 

(London).     With  Ninety-six  Illustrations.     12mo.     Cloth,  $2.00. 

"In  no  field  has  modern  research  been  more  fruitful  than  in  that  of  which  Professor 
Judd  gives  a  popular  account  iu  the  present  volume.  The  great  lines  of  dynamical, 
geological,  and  meteorological  inquiry  converge  upon  the  grand  problem  of  the  interior 
constitution  of  the  earth,  and  the  vast  influence  of  suoterranean  agencies.  .  .  .  Ilix 
book  is  very  far  from  being  a  mere  dry  description  of  volcanoes  and  their  eruptions;  it 
is  rather  a  presentation  of  the  terrestrial  facts  and  laws  with  which  volcanic  phenomena 
are  associated."' — Popular  Science  Monthly. 

THE  SUN.  By  C.  A.  Young,  Ph.  D.,  LL.  D.,  Professor  of  Astronomy 
in  the  College  of  New  Jersey.  With  numerous  Illustrations. 
Third  edition,  revised,  with  Supplementary  Note.     12mo.     Cloth, 

$2.00. 

The  "  Supplementary  Note  "  gives  important  developments  in  solar  astronomy 
since  the  publication  of  the  second  edition  in  1882. 

••  It  would  take  a  cyclopedia  to  represent  all  that  has  been  done  toward  clearing  up 
the  solar  mysteries.  Professor  Young  has  summarized  the  information,  and  presented 
it  in  a  form  completely  available  for  general  readers.  There  is  no  rhetoric  in  his 
book;  he  trusts  the  grandeur  of  his  theme  to  kindle  interest  and  impress  the  feelings. 
His  statements  are  plain,  direct,  clear,  and  condensed,  though  ample  enough  for  his 
purpose,  and  the  substance  of  what  is  generally  wanted  will  be  found  accurately  given 
in  his  pages.  ''—Popular  Science  Monthly. 

ILLUSIONS :  A  Psychological  Study.     By  James  Sully,  authoi 
of  "  Sensation  and  Intuition,"  etc.     12mo.     Cloth,  $1.50. 

This  volume  takes  a  wide  survey  of  the  field  of  error  emhracing  in  its  view  not  only 
the  illusions  commonly  regarded  as  of  the  nature  of  mental  aberrations  or  hallucina- 
tions, but  also  other  illusions  arising  from  that  capacity  for  error  which  belongs  essen- 
tially to  rational  human  nature.  The  author  has  endeavored  to  keep  to  a  strictly 
scientific  treatment— that  is  to  say,  the  description  and  classification  of  acknowledged 
errors,  and  the  exposition  of  them  by  a  reference  to  their  psychical  and  physical  con- 
ditions. 

"This  is  not  a  technical  work,  but  one  of  wide  popular  interest,  in  the  principles 
and  results  of  which  every  one  is  concerned.  The  illusions  of  perception  of  the  senses 
and  of  dreams  are  first  considered,  and  then  the  author  passes  to  the  illusions  of  in- 
trospection, errors  of  insight,  illusions  of  memory,  and  illusions  of  belief.  The  work 
is  a  noteworthy  contribution  to  the  original  progress  of  thought,  and  may  be  relied 
upon  as  representing  the  present  state  of  knowledge  on  the  important  subject  te  ' 
which  it  is  devoted."— Popular  Science  Monthly. 


New  York:   D.  APPLETON  &  CO.,  1,  3,  &  5  Bond  Street. 


D.  APPLETON  &  CO.'S  PUBLICATIONS. 

THE  BRAIN  AND  ITS  FUNCTIONS.  By  J.  Luts,  Physician 
to  the  Hospice  dc  la  Salpetriere.  "With  Illustrations.  12mo. 
Cloth,  $1.50. 

"No  living  physiologist  is  better  entitled  to  speak  with  authority  upon  the 
structure  and  functions  of  the  brain  than  Dr.  Luys.  His  studies  on  the  anatomy 
of  the  nervous  system  are  acknowledged  to  be  the  fullest  and  most  systematic 
ever  undertaken.  Dr.  Luys  supports  his  conclusions  not  only  by  his  own  ana- 
tomical researches,  but  also  by  many  functional  observations  of  various  other 
physiologists,  including  of  course  Prolessor  Ferrier's  now  classical  experi- 
ments."—^. James's  Gazette. 

"  Dr.  Luys,  at  the  head  of  the  great  French  Insane  Asylum,  is  one  of  the  most 
eminent  and  successful  investigators  of  cerebral  science  now  living  :  and  be  has 
given  unquestionably  the  clearest  and  most  interesting  brief  account  yet  made 
of  the  structure  and  operatious  of  the  brain.  We  have  been  fascinated  by  this 
volume  more  than  by  any  other  treatise  we  have  yet  seen  on  the  machinery  of 
sensibility  and  thought;  and  we  have  been  instructed  not  only  by  much  that  is 
new,  but  by  many  sagacious  practical  hints  such  as  it  is  well  for  everybody  to 
understand."—  The  Popular  Science  Monthly. 

THE      CONCEPTS      AND      THEORIES      OF      MODERN 

PHYSICS.     By  J.  B.  Stallo.     12mo.     Cloth,  $1.15. 

"Judge  Stallo's  work  is  an  inquiry  into  the  validity  of  those  mechanical  con- 
ceptions of  the  universe  which  are  now  held  as  fundamental  in  physical  science. 
He  takes  up  the  leading  modern  doctrines  which  are  based  upon  this  mechanical 
conception,  such  as  the  atomic  constitution  of  matter,  the  kinetic  theory  of  gases, 
the  conservation  of  energy,  the  nebular  hypothesis,  and  other  views,  to  find  how 
much  stands  vipou  solid  empirical  ground,  and  how  much  rests  upon  metaphys- 
ical speculation.  Since  the  appearance  of  Dr.  Draper's  '  Religion  and  Science,' 
no  book  has  been  published  in  the  country  calculated  to  make  so  deep  an  im- 
pression on  thoughtful  and  educated  readers  as  this  volume.  .  .  .  The  range 
and  minuteness  of  the  author's  learning,  the  acuteness  of  his  reasoning,  and  the 
singular  precision  and  clearness  of  his  style,  are  qualities  which  very  seldom 
have  been  jointly  exhibited  in  a  scientific  treatise."— New  York  Sun. 

THE  FORMATION  OF  VEGETABLE  MOULD,  through 
the  Action  of  Worms,  with  Observations  on  their 
Habits.  By  Charles  Darwin,  LL.  D.,  F.  R.  S  ,  author  of  "On 
the  Origin  of  Species,"  etc.,  etc.  With  Illustrations.  12mo. 
Cloth,  $1.50. 

"  Mr.  Darwin's  little  volume  on  the  habits  and  instincts  of  earth-worms  is  no 
less  marked  than  the  earlier  or  more  elaborate  effoits  of  his  genius  by  freshness 
of  observation,  unfailing  power  of  interpreting  and  correlating  facts,  and  logical 
vigor  in  generalizing  upon  them.  The  main  purpose  of  the  work  is  to  point  out 
the  share  which  worms  have  taken  in  the  formation  of  the  layer  of  vegetable 
mould  which  covers  the  whole  surface  of  the  laud  in  every  moderately  humid 
country.  All  lovers  of  nature  will  unite  in  thanking  Mr.  Darwin  for  the  new  and 
interesting  light  he  has  thrown  upon  a  eubject  so  long  overlooked,  yet  so  full  of 
interest  and  instruction,  as  the  structure  and  the  labors  of  the  earth-worm." — 
Saturday  Review. 

"  Respecting  worms  ns  among  the  most  useful  portions  of  animate  nature. 
Dr.  Darwin  relates,  in  this  remarkable  book,  their  structure  and  habits,  the 
part  they  have  played  in  the  burial  of  ancient  buildings  and  the  denudation  of 
the  land,  in  the  disintegration  of  rocks,  the  preparation  of  soil  for  the  growth 
of  plants,  and  in  the  natural  history  of  the  world." — Boston  Advertiser. 

New  York :  D.  APPLETON  &  CO.,  1,  3,  &  5  Bond  Street. 


D.  APPLETON  &  GO.'S  PUBLICATIONS. 

4.NTS,  BEES,  AND  WASPS.  A  Record  of  Observations  on  the 
Habits  of  the  Social  Hymenoptera.  By  Sir  John  Lubuock,  Bart., 
M.  P.,  F.  R.  S.,  etc.,  author  of  "  Origin  of  Civilization,  and  the  Primi- 
tive Condition  of  Man,"  etc.,  etc.  With  Colored  Plates.  P2mo. 
Cloth,  $2.00. 

"This  volume  contains  the  record  of  various  experiments  made  with  ants,  bees,  and 
wasps  during  the  last  ten  years,  with  a  view  u  test  their  mental  condition  and  powers 
of  sense.  The  principal  point  in  which  Sir  John's  mode  of  experiment  differs  ""rom 
th  ise  of  Saber,  Forel.  McCook,  and  others,  is  that  he  has  carefully  watched  and 
marked  particular  insects,  and  has  had  their  nests  under  observation  for  long  periods 
— one  of  his  ants'  nests  having  been  under  constant  inspection  ever  since  1S74.  His 
observations  are  made  principally  upon  ants,  because  they  show  more  power  and  flexi- 
bility of  mind;  and  the  value  of  his  studies  is  that  they  belong  to  the  department  of 
original  research." 

"  We  have  no  hesitation  in  saying  that  the  author  has  presented  us  with  the  most 
valuable  series  of  observations  on  a  special  subject  that  has  ever  been  produced,  charm - 
ingly  written,  full  of  logical  deductions,  and,  when  we  consider  his  multitudinous  en- 
gagements,  a  remarkable  illustration  of  economy  of  time.  As  a  contribution  to  insect 
psychology,  it  will  be  long  before  this  book  finds  a  parallel.'1— London  Athenaeum. 

DISEASES  OF  MEMORY.  An  Essay  in  the  Positive  Psychology. 
By  Th.  Ribot,  author  of  "Heredity,"  etc.  Translated  from  the 
French  by  William  Huntington  Smith.     12mo.     Cloth,  $1.50. 

'■  M.  Ribot  reduces  diseases  of  memory  to  law,  and  his  treatise  is  of  extraordinary 
interest." — Philadelphia  Press. 

"  Not  merely  to  scientific,  but  to  all  thinking  men,  this  volume  will  prove  intensely 
interesting."— New  York  Observer. 

"  M.  Ribot  has  bestowed  the  most  painstaking  attention  upon  his  theme,  aDd  nu- 
merous examples  of  the  conditions  considered  greatly  increase  the  value  and  interest 
of  the  volume.  "—Philadelphia  North  American. 

"To  the  Reneral  reader  the  work  is  made  entertaining  by  many  illustrations  con- 
nected with  such  names  as  Linnseus.  Newton.  Sir  Walter  Scott,  Horace  Vernet,  Gus- 
tave  Dore,  and  many  others."— Harrisburg  Telegraph. 

"The  whole  subject  is  presented  with  a  Frenchman's  vivacity  of  style." — Provi- 
dence Journal. 

'•  It  is  not  too  much  to  say  that  in  no  single  work  have  so  many  curious  cases  been 
brought  together  a. id  interpreted  in  a  scientific  manner." — Boston  Evening  Travelier. 

MYTH  AND  SCIENCE.     By  Tito  Vignoli.     12mo.     Cloth,  §1.50. 

"His  book  is  ingenious;  ...  his  theory  of  how  science  gradually  differentiated 
from  and  conquered  myth  is  extremely  well  wrought  out,  and  is  probably  in  essentials 
correct."— Saturday  Review. 

"The  book  is  a  strong  one,  and  far  more  interesting  to  the  general  reader  than  its 
title  would  indicate.  The  learning,  the  acut»ness,  the  strong  reasoning  power,  and  the 
scientific  spirit  of  the  author,  command  admiration." — New  York  Christian  Advocate. 

"  An  attempt  made,  with  much  ability  and  no  small  measure  of  success,  to  trace  the 
origin  and  development  of  the  myth.  The  author  has  pursued  his  inquiry  with  much 
nee  and  ingenuity,  and  has  produced  a  very  readable  and  luminous  treatise." — 
Philadelphia  North  American. 

"It  is  a  curious  if  not  startling  contribution  both  to  psychology  and  to  the  early 
history  of  man's  development." — New  York  World. 


New  York:    D.  APPLETON  &  CO.,  1,  3,  &  5  Bond  Street. 


D.  APPLETON   &    CO.'S   PUBLICATIONS, 


APPLETONS'  PHYSICAL  GEOGRAPHY.  Illustrated  with 
engravings,  diagrams  and  maps  in  color,  and  including  a  separate 
chapter  on  the  geological  history  and  the  physical  features  of  the 
United  States.  By  John  D.  Quackenb03,  A.  M..  M.  D.,  Adjunct 
Professor  of  the  English  Language  and  Literature,  Columbia  College, 
New  York,  Literary  Editor ;  John  S.  Newberuy,  M.  D.,  LL.  D., 
Professor  of  Geology  and  Paleontology,  Columbia  College;  Charles 
H.  Hitchcock,  Ph.  D.,  Professor  of  Geology  and  Mineralogy,  Dart- 
mouth College ;  W.  Le  Conte  Stevens,  Ph.  D.,  Professor  of  Physics, 
Packer  Collegiate  Institute ;  Henry  Gannett,  E.  M.,  Chief  Geog- 
rapher of  the  United  States  Geological  Survey ;  William  H.  Dall, 
of  the  United  States  National  Museum ;  C.  Hart  Merriam,  M.  D., 
Ornithologist  of  the  Department  of  Agriculture ;  Nathaniel  L.  Brit- 
ton,  E.  M.,  Ph.  D.,  Lecturer  in  Botany,  Columbia  College  ;  George 
F.  Klnz,  Gem  Expert  and  Mineralogist  with  Messrs.  Tiffany  &  Co., 
New  York;  Lieutenant  George  M.  Stoney,  Naval  Department, 
Washington.     Large  4to.     Cloth,  §1.90. 

APPLETONS'  ATLAS  OF  THE  UNITED  STATES. 
Consisting  of  General  Maps  of  the  United  States  and  Territories, 
and  a  County  Map  of  each  of  the  States,  all  printed  in  Colors, 
together  with  Railway  Maps  and  Descriptive  Text  Outlining  the 
History,  Geography,  and  Political  and  Educational  Organization  of 
the  Stat  s,  with  latest  Statistics  of  their  Resources  and  Industries. 
Imperial  8vo,  cloth.     $1.50. 

THE     EARTH     AND     ITS     INHABITANTS.       By   Elisee 
Reclus.      Translated  and  edited  by  E.  G.  Ravenstein.      With  nu- 
merous Illustrations,  Maps,  and  Charts. 
M.  Reclus  the  distinguished  French  Geographer  has  given  in  this  work 

the  most  thorough  and  comprehensive  treatise  on  the  countries  of  the 

world  yet  produced.     Maps,  plans,  and  illustrations  are  lavish.     It  is 

subdivided  as  follows  : 

Europe,  in  5  volumes.     Imperial  Svo. 
Asia,  in  4  volumes.     Imperial  Svo. 
Africa,  in  3  volumes.     Imperial  8vo. 
America.     (In  preparation.) 

Piic.%  $6.00  per  volume  in  library  binding.     Sold  only  by  subscrip- 
tion. 

A  NEW  PHYSICAL  GEOGRAPHY.  By  Elisee  Reclus. 
In  two  volumes.  Vol.  I.  The  Earth.  Vol.  II.  The  Ocean,  Atmos- 
phere, and  Life.  With  Maps  and  Illustrations.  Price,  $0.00  per 
volume,  library  binding.     Sold  only  by  subscription. 


New  York:    D.  APPLETOX    &    CO.,   1,  3,  &  5  Bond  Sfteel 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
Los  Angeles 

This  book  is  DUE  on  the  last  date  stamped  below. 


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